May a judge lead a Boy Scout troop and wear the scout uniform at troop events?

Plain-English summary

A newly appointed judge asked whether to continue as a leader in the judge’s son’s Boy Scout troop, including meetings, committee service, training, and campouts, and whether to wear a scout uniform at events with other scouts. [Source: Opinion 18-06, p. 1]

The committee found the described activities outside Rule 21-301’s prohibitions. It noted the judge would not fundraise or represent the organization publicly and said the Rule 21-103 prestige concern did not appear when activity remained within the troop and away from the public. [Source: Opinion 18-06, p. 2]

The committee also permitted wearing the uniform solely with others involved in scouting, as proposed. [Source: Opinion 18-06, p. 2]

In practice

The opinion permits the specific troop role and uniform use on the judge’s stated plan. It does not extend that conclusion to fundraising or public representation of the organization. [Source: Opinion 18-06, p. 2]

Common questions

Q: May the judge continue troop leadership?

A: The committee said yes for the described meetings, committee work, training, and campouts. [Source: Opinion 18-06, pp. 1–2]

Q: May the judge wear the scout uniform publicly?

A: The committee approved uniform use only as proposed: at scouting events with others involved in scouting, not with the general public. [Source: Opinion 18-06, p. 2]

Background and rules framework

The opinion applies New Mexico Code of Judicial Conduct Rules 21-301 and 21-103, and cites Rule 21-001(B) on community participation. [Source: Opinion 18-06, pp. 1–2]

Citations and references

New Mexico Code of Judicial Conduct:

• Rules 21-001(B), 21-301, 21-103. Source: Opinion 18-06.

See also

• NM Judicial Ethics Op. 18-05: Truancy Intervention Program
• NM Judicial Ethics Op. 18-07: High School Mock Trial Team

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 18-06

Original opinion text

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

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

SUPREME Count Law LIBRARY

P.O. DRAWER L
SANTA FE, NM 57504-0318

Advisory Committee on the Code of Judicial Conduct

Hon. James J. Wechsler, Co-Chair (ret.) This is an advisory opinion by the New Mexico Advisory Hon. Julie J. Vargas. Co-Chair Committee on the Code of Judicial Conduct. Advisory Paul |.. Biderman. Esq. opinions are responses to inquiries from judges seeking Prof, Robert L. Schwartz, guidance on judicial ethics questions. They are not issued, Hon. Freddie J. Romero approved. or endorsed by the New Mexico Supreme Hon. Sandra W. Engel Court; nor are they binding.

May 11, 2018

Re: Judicial Advisory Opinion 18-06

You are a uniformed leader of your son’s Boy Scout troop. You have asked the Advisory Committee on the Code of Judicial Conduct whether, now that you have been appointed as a judge, the Code of Judicial Conduct permits you to (1) continue to engage in troop activities by participating in troop meetings, serving as a troop committee member, participating in adult scout leader training, and serving as an adult leader.on troop campouts; and (2) wear a scout uniform in the presence of others involved in scouting at scouting events such as troop meetings and scout campouts.

The Code of Judicial Conduct “recognizes that a judge’s participation in community activities provides important benefits to both society and to the judge personally.” Rule 21-001(B) NMRA. It therefore permits judges to engage in extrajudicial activities subject to limitations designed to ensure that public confidence in the judiciary is not impaired by such activities. See generally Rule 21-301 NMRA (permitting extrajudicial activities with limitations). In addition, the Code provides that a “judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others[.]” Rule.21-103 NMRA. Page Two

As to your first question, the Committee believes that Rule 21-301 permits you to engage in the activities that you describe. None of the activities appears to fall within the Rule 21-301 prohibitions. See Rule 21-301 (prohibiting a judge from engaging in extrajudicial activities that “interfere with the proper performance of judicial duties[,]” “will lead to frequent disqualification[,]” reasonably appear “to undermine the judge’s independence, integrity, or impartiality[,]” appear to involve coercive conduct, or involve use of court resources except for activities concerning the law, the legal system, or the administration of justice).

Although you do not describe the activities involved in your serving as a committee member, you state that you would not be involved in fundraising or representing the Boy Scouts in public settings. Indeed, fundraising is the type of activity that may implicate Rule 21-103. Provided that your activity is solely within the troop setting and does not involve members of the public, the prohibitions or Rule 21-103 and Rule 21-301 would not seem to apply.

With regard to your second question, you have informed the Committee that you wish to wear a scout uniform only at scouting events and not in the company of members of the general public. The Committee notes your concern under Rule 21-103 that your wearing of the uniform could be perceived as the use of the prestige of your office to support the scouting effort. Your wearing of the uniform solely in the company of others involved in scouting as you propose, however, does not raise that concern. The Committee believes that you may do so.

Very truly yours, Vp
mes J. Wéch Julie J. Vargas

sler
Co-Chair Co-Chair

ce: Hon. Sandra W. Engel
Hon. Freddie J. Romero
Professor Robert L. Schwartz
Paul L. Biderman, Esq.