May a judge rejoin a private club after court findings that it discriminated against women?
Apply this to your situation
This page answers the general question as of 2004. 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 part time judge had resigned from a private club after a neighboring state court found unlawful gender discrimination and ordered corrective steps. The club later revised its handbook, and the judge asked whether membership could resume.
The Committee said Canon 2C bars membership in an organization that currently discriminates, but it could not investigate this club’s present facts. The earlier orders gave the judge concrete measures to check beyond the handbook, including training and compliance in practice.
Given the club’s past discrimination and one later contempt finding, the opinion called for careful review of current policies and conduct, including whether the orders had been carried out in substance. It said doubts should be resolved against reinstating membership.
Common questions
Q: Did the Committee decide the club was now eligible for judicial membership?
A: No. It said it could not determine the club’s current policies and practices from the inquiry.
Q: Was the revised handbook alone enough?
A: No. The opinion also called for checking the club’s compliance with the other court ordered steps and whether discrimination had ended in practice.
Background and rules framework
The opinion applied Canon 2C of the then effective New Hampshire Code of Judicial Conduct to a judge considering renewed membership in a club previously found to have discriminated.
Citations and references
New Hampshire Code of Judicial Conduct: Canon 2C and commentary. Other source cited: Kenneth Montero, Virginia Lawyer Register 1, 5 (November 2001).
See also
Source
- Landing page: New Hampshire Advisory Committee on Judicial Ethics opinions
- Original PDF: Opinion 2004-ACJE-02
- Archived official PDF: reviewable capture
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
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