May a Wyoming judge send a personal character letter for a relative's criminal sentencing?
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This page answers the general question as of 2016. 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 Wyoming judge proposed sending a character letter for a relative awaiting sentencing in another state. The draft did not use court letterhead or mention the writer's judicial office, and no subpoena or other process had been served.
The committee distinguished an ordinary personal reference, which Rule 1.3's comment can allow, from vouching for someone's character in a legal proceeding. Rule 3.3 bars a judge from testifying as a character witness or otherwise vouching for a person's character in a legal proceeding unless duly summoned.
The opinion treated an informal letter to a sentencing judge as analogous to character testimony under Rule 3.3. It reasoned that readers could identify the writer as a judge even when the letter did not say so. The committee concluded that the proposed unsolicited letter would violate the Wyoming Code of Judicial Conduct.
In practice
The opinion's conclusion concerns an unsolicited letter to a sentencing court. It does not treat the absence of letterhead or an express judicial title as removing Rule 3.3's limit on character vouching in a legal proceeding.
Common questions
Q: Can a judge write a personal reference in ordinary circumstances?
A: Rule 1.3's comment, quoted in the opinion, permits a reference based on personal knowledge in some circumstances. The committee applies a stricter rule when the reference vouches for character in a legal proceeding.
Q: Does omitting the judge's title make the proposed sentencing letter permissible?
A: No. The opinion says the author could still be identified as a judge and treats the letter as character vouching under Rule 3.3.
Q: When does Rule 3.3 allow a judge to vouch for character in a legal proceeding?
A: The rule allows it when the judge is duly summoned. No subpoena or other process had been served in the request considered here.
Background and rules framework
The opinion applies Wyoming Code of Judicial Conduct Rules 1.2 and 1.3 on public confidence and judicial prestige, and Rule 3.3 on character testimony or other vouching in a legal proceeding. It cites judicial ethics authority from Florida, Washington, Alabama, and Arizona in discussing letters to sentencing judges.
Citations and references
Wyoming Code of Judicial Conduct:
- Rule 1.2 and Comment [3], public confidence.
- Rule 1.3 and Comment [2], judicial prestige and personal references.
- Rule 3.3 and its comment, character testimony and vouching.
Cases:
- In re Fogan, 646 So.2d191 (Fla. 1994), cited on a judge's voluntary character letter.
Other opinions cited:
- Washington Ethics Advisory Committee Opinion 92-17.
- Alabama Judicial Inquiry Commission Opinion 00-744.
- Arizona Judicial Advisory Opinion 10-05.
See also
Source
- Landing page: Judicial Ethics Advisory Committee opinions
- Original PDF: Advisory Opinion 2016-02
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