May a judge remain in the Knights of Columbus while hearing matters related to abortion law?
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This page answers the general question as of 1991. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge asked about membership in the Knights of Columbus. The opinion described the organization’s charitable and antiabortion activities and a then-new Nebraska law under which judges might decide abortion-related matters.
The Committee’s majority said the judge need not resign, whether an active or inactive member. It did not categorically bar the judge from hearing cases under that law, but called for on-record disclosure of membership and an opportunity for a party to seek disqualification.
Two members wrote concurrences. They raised additional concerns about sex-exclusive membership, fundraising, and perceived alignment with advocacy positions; those discussions did not change the majority’s permission to remain a member.
Currency note
This opinion was issued in 1991, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.
Common questions
Q: Did the majority require resignation from the organization?
A: No. It said active and inactive members need not resign.
Q: What did the majority require for related cases?
A: It called for on-record disclosure of membership and a chance for a party to request disqualification.
Q: Did all members share the same analysis?
A: No. Two concurrences raised further concerns about discrimination, fundraising, and advocacy affiliations.
Background and rules framework
The majority applied the pre-September 1992 Nebraska Code’s Canons 1, 2 and 3C(1), focusing on appearance of impropriety and possible disqualification. The concurrences addressed further concerns separately.
Citations and references
Former Nebraska Code of Judicial Conduct: Canons 1, 2A, 2B, and 3C(1). Legislation discussed: LB 425 (1991).
See also
Source
- Landing page: Nebraska Judicial Ethics Committee opinions
- Original PDF: Opinion 91-2
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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