May a municipal judge write short local newspaper articles explaining how the municipal court works?

Plain-English summary

The inquiring municipal judge proposed short articles in the local newspaper about the municipal court's function. The committee applied Rule 21-500(B), which allowed judges to speak, write, and teach about the law and the administration of justice, subject to other Code requirements. Source: Opinion 02-04, p. 1

The committee concluded that the articles would not violate the Code if they educated readers on court operations, promoted public confidence in the judiciary, and left enough time for the judge's official duties. Source: Opinion 02-04, p. 2

In practice

The opinion's permission addresses explanatory articles about court operations under those stated conditions. Source: Opinion 02-04, pp. 1–2

Common questions

Q: Did the committee allow the proposed newspaper articles?

A: Yes, if the writing educated the public about municipal court operations, promoted confidence in the judiciary, and did not detract from judicial duties. Source: Opinion 02-04, p. 2

Q: Which Code provision supported the judge's writing?

A: The committee relied on Rule 21-500(B), allowing judges to write and teach about law and the legal system subject to the Code. Source: Opinion 02-04, p. 1

Background and rules framework

The committee interpreted then-current New Mexico Code of Judicial Conduct Rule 21-500(B) and its commentary encouraging judicial contributions to public understanding and improvement of the legal system. Source: Opinion 02-04, pp. 1–2

Citations and references

• New Mexico Code of Judicial Conduct Rule 21-500(B) (printed as “Rule 21-500 B”). Source: Opinion 02-04, p. 1

See also

• NM Judicial Op. 05-05: Paid Evidence Course
• NM Judicial Op. 07-11: Judge as Radio Host

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 02-04

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. Frank H. Allen, Jr., Chairman
Hon. Marie A. Baca
Hon. James J. Wechsler
Prof. William MacPherson
April 3, 2002

Re: Judicial Advisory Opinion 02-04

Dear

You have asked our committee to give you an opinion as to whether a Municipal Judge can explain the function of the municipal court in short newspaper articles that would appear in the local newspaper .

Rule 21-500 B allows a judge to speak, write, lecture, teach and participate in other extra- judicial activities concerning the law, the legal system and the administration of justice subject to the requirements of the code.

The commentary to Paragraph B is helpful in answering your question.

Paragraph B. Avocational activities

As a judicial officer and person specially learned in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent that time permits, a judge is encouraged to do so, either independently or through a bar association, judicial conference or other organization dedicated to the improvement of the law. Judges may participate in efforts to promote the fair administration of justice, the independence of the judiciary and the integrity of the legal profession….
The commentary also provides that the phrase "subject to the requirement of the code" found in Rule 21-500 B is used "notably in connection with the judge's governmental, civic or charitable activities. "

As long as the articles are written for the purpose of educating the public as to the operation of the municipal court, in a way that promotes public confidence in the judiciary and do not take time away from the writer's duties as a municipal judge, it is our opinion that such activity would not be in violation of the Code of Judicial Conduct.

Very truly yours,

Frank H. Allen, Jr. Chairperson
Judicial Advisory Committee

FHA/mah