Ezel / Ethics Opinions / JUDICIAL-NE

May a judge appear before a city planning commission about a development affecting the judge’s property?

Short answer Under the Nebraska Code then in force, the Committee said the judge could not appear before the planning commission to support or oppose the development, even though a later model code would permit some personal-interest appearances.
Bar
JUDICIAL-NE
Issued
March 3, 1992
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1992. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge owned real estate that could be affected by a proposed development and asked whether the judge could speak for or against it before a city planning commission.

The Committee applied Nebraska’s then-current Canon 4B, which permitted appearances before executive or legislative bodies only on law and justice-system matters. It said that code did not yet include the model code’s exception for a judge appearing about a personal interest, so the proposed appearance was not permitted.

The opinion also cited Canon 2’s appearance-of-impropriety concern and observed that even if the state later adopted the model provision, use of judicial office to advance a personal interest would still require consideration.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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: Could the judge appear about the property development?

A: No. The Committee said the then-current Nebraska Code did not permit the proposed planning commission appearance.

Q: Did the Committee apply the later ABA model code exception?

A: No. It noted that Nebraska had not adopted that language at the time.

Q: What additional concern did the opinion identify?

A: It cited the appearance of using judicial position and title to advance a personal interest under former Canon 2.

Background and rules framework

The opinion applied Nebraska’s pre-September 1992 Canons 4B and 2 and compared, without applying, a later ABA Model Code exception for personal-interest appearances.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 2 and 4B.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

What do the rules say today, for your facts?

This opinion is from 1992. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace