May a juvenile judge serve on the Nebraska Commission for the Protection of Children?
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This page answers the general question as of 1993. 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 juvenile judge asked whether service, including a chair role, on the Nebraska Commission for the Protection of Children was permissible. The commission studied and promoted improvements in responses to child abuse and neglect.
The Committee found no prohibition under former Canon 4C and no impairment of perceived judicial impartiality under Canon 2 on the facts given. It said membership could continue if it did not violate the Nebraska Constitution’s separation-of-powers provision, a legal issue outside the Committee’s authority.
The opinion advised obtaining an Attorney General determination on that legal issue and regular review of the commission’s activities. A later addendum said the commission itself might be a more appropriate requester of the Attorney General opinion.
Currency note
This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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 Committee decide whether the judge could legally hold both roles?
A: No. It left the separation-of-powers question for legal determination.
Q: Did the Code itself prohibit the described service?
A: The Committee found no Code prohibition if service was constitutionally permissible and the activities remained appropriate.
Q: What did the addendum change?
A: It said the commission might be better placed than the judge to request an Attorney General opinion, without limiting how a determination could be obtained.
Background and rules framework
The opinion applied former Nebraska Canons 2 and 4C(2) and discussed Neb. Const. art. II, § 1. It expressly separated its Code analysis from the constitutional issue.
Citations and references
Former Nebraska Code of Judicial Conduct: Canons 2 and 4C(2). Constitutional provision discussed: Neb. Const. art. II, § 1.
See also
Source
- Landing page: Nebraska Judicial Ethics Committee opinions
- Original PDF: Opinion 93-3
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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