May a Wyoming circuit judge chair the Episcopal Diocese's clergy disciplinary committee?

Plain-English summary

A circuit judge was invited to become president of the Episcopal Diocese of Wyoming's committee handling clergy misconduct allegations. The president supervised and coordinated the process, participated to a limited extent in the initial Reference Panel, and did not take part in the Conference Panel's mediation or the Hearing Panel's adjudication.

The committee considered whether diocesan misconduct could lead to cases before the judge and cause frequent disqualification. Because the diocesan body reviewed matters statewide and the requesting judge's role was limited, the committee thought occasional disqualification possible but frequent disqualification unlikely under Rules 3.1(B) and 3.7(A)(6).

The committee also found that the supervisory presidential role, as described, did not amount to the mediation, separate judicial functions, or law practice restricted by Rules 3.9 and 3.10. It distinguished serving on the Conference or Hearing Panel, which would involve mediation or adjudicatory functions. The opinion concluded that the presidential service was permitted under Rule 1.2.

The committee recommended that the judge withdraw from diocesan disciplinary work involving allegations arising in the judge's jurisdiction and avoid statements contrary to Rule 2.10 on pending or impending cases.

In practice

The opinion's permission rests on the president's limited, supervisory role and the committee's assessment that the work would not often disqualify the judge. It treats Conference Panel and Hearing Panel service differently because those panels mediate or decide allegations.

Common questions

Q: Could the circuit judge serve as president of the diocesan disciplinary committee?

A: Yes, on the described facts. The committee found that the supervisory role would not undermine judicial impartiality, integrity, independence, or public confidence.

Q: Could the judge also serve on the Conference or Hearing Panel?

A: No. The opinion says the judge should not serve there because those panels perform mediation or judicial functions.

Q: What if an allegation arises within the judge's jurisdiction?

A: The committee recommended that the judge remove himself from the diocesan committee's activities involving that allegation.

Background and rules framework

The opinion applies Wyoming Code of Judicial Conduct Rules 1.2, 3.1(B), and 3.7(A)(6) to public confidence, frequent disqualification, and service in a religious nonprofit. It also considers Rules 3.9 and 3.10 on outside judicial functions and law practice, and recommends attention to Rule 2.10 on statements about pending cases.

Citations and references

Wyoming Code of Judicial Conduct:

• Rule 1.2, public confidence and appearance of impropriety.
• Rule 2.10, statements on pending and impending cases.
• Rules 3.1(B) and 3.7(A)(6), frequent disqualification and nonprofit service.
• Rules 3.9 and 3.10, outside judicial functions and law practice.

See also

• WY Judicial Ethics Op. 2016-04: Local domestic violence council

Source

• Landing page: Judicial Ethics Advisory Committee opinions
• Original PDF: Advisory Opinion 2016-01