May a judge join a neighborhood advocacy board to advise communities on working with the courts?

Plain-English summary

The judge proposed serving on a board formed to help neighborhood associations resolve problems and obtain services. The intended role was to educate communities about working with the courts. Materials supplied with the request described advocacy on housing, DWI, tobacco, drugs, and related local issues. Source: Opinion 99-02, p. 1

The committee cited Rule 21-500's limits on outside activities and board service where an organization is likely to participate in proceedings before the judge's court. It thought the organization, its parent, or people given its advice might frequently appear in court. It also said giving advice to potential litigants on these matters could cast doubt on impartiality. Source: Opinion 99-02, pp. 2–3

In practice

The opinion's rejection turns on likely court involvement and the advice expected from this particular board position. Source: Opinion 99-02, pp. 2–3

Common questions

Q: Was the judge's plan to explain court processes enough to permit board service?

A: No. The committee considered that goal but found likely court appearances and advice to potential litigants made the board role conflict with judicial duties. Source: Opinion 99-02, pp. 1–3

Q: Did the committee limit its concern to cases filed by the organization itself?

A: No. It also considered the parent association, members, and people advised by the groups who could appear in court. Source: Opinion 99-02, p. 2

Background and rules framework

The committee applied then-current New Mexico Code of Judicial Conduct Canon 21-500 to a judge's nonprofit board service, likely proceedings before the court, and impartiality. Source: Opinion 99-02, pp. 1–3

Citations and references

• New Mexico Code of Judicial Conduct Canon 21-500. Source: Opinion 99-02, pp. 1–3
• Judicial Advisory Opinions 97-01 and 96-06 are listed as enclosed copies. Source: Opinion 99-02, p. 3

See also

• NM Judicial Op. 02-05: DWI Advisory Council
• NM Judicial Op. 02-06: Civic Boards

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 99-02

Original opinion text

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

Advisory Committee on the Code of Judicial Conduct

March 4, 1999
Hon. Frank H. Allen. Jr., Chairman
Hon. Theresa M. Baca
Hon. Thomas A. Donnelly

Judge

Re: Judicial Advisory Opinion 99-02

Dear Judge

You have asked this committee for an advisory opinion as to whether it would be proper under the Code of Judicial Conduct for you to serve as a board member for a newly formed organization called . You indicate that this organization was developed to provide neighborhood associations with mentorship, advice and assistance on how to resolve problems in their respective neighborhoods and/or how to obtain additional services. Your specific duty as a board member would be to provide advice and education on how the communities could work better with our court system.

A review of the literature you furnished with your letter states that
is sponsored by
the
which is “a non-profit statewide advocacy organization serving as a voice for children,
youth and families and those who love them”.

            The                       a publication by                     which you furnished, lists as its

achievements the funding of programs concerning community patrolling, landlord training, and enforcement of nuiance abatement laws. The organization is also involved in DWI legislation, compliance checks on outlets selling tobacco to youth, and the shutdown of drug houses.

Canon 21-500 Provides in part:

21-500: A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations.
A. Extra-judicial activities in general. A judge shall conduct all of judge's Extra- judicial activities so that they do not:

(1) Cast doubt on the judges capacity to act impartially as a judge;

……

C. Gover mental, civic or charitable activities;

……

(3) A judge may serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, fraternal, or civic organization not conducted for profit, subject to the following limitations and other requirements of the Code:

(a) a judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization:

(i) will be engaged in proceedings that would ordinarily come before the judge; or

(ii) will be engaged frequently in adversary proceedings in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member .

From our review of the information to us by you, it appears more likely than
not that or its parent association, has the potential
of coming before the
Court on a frequent basis or that members of these
organizations or persons who have been given advice by these entities would. Alternatively, it appears that such organizations may appear in the
Court. Concerns of these associations involving landlord-tenant matters, or liquor, drug, and tobacco usage or control may also be matters which would come before your Court. These factors, we conclude, give rise to a likelihood of a possible violation of Canon 21-500. Additionally, it appears that in your roles as a board member you will be called upon to give advice. A judge is restricted in giving advice to potential litigants, and giving advise concerning these or similar matters may cast doubt on the judge’s impartiality.
It is therefore the opinion of the committee that a judge being a Board Member of would be in conflict with his/her judicial duties as provided in Canon 21-500 (A) (1) (C) (a) (i) (ii).

Very truly yours,
Frank H. Allen, Jr., Chairman
Judicial Advisory Committee

enclosed copies to opinion 97-01 & 96-06
concerning Canon 21-500