May a Wyoming circuit judge join a local council lobbying for domestic violence law changes?

Plain-English summary

A Wyoming circuit judge was invited to join a local domestic violence prevention council. The council included law enforcement, treatment providers, victim witness coordinators, and probation and parole officers. Its activities included coordinating services, reviewing domestic violence and stalking laws, and lobbying to change those laws and increase punishment.

The committee focused on the local council's membership and activities. Circuit courts hear domestic violence and stalking cases, so it found that joining this council would create an appearance of impropriety under Rules 1.2 and 3.1(C). It also said the judge's membership could lend judicial prestige to the council's lobbying and create an impression that the council or its members could influence the judge under Rules 1.3 and 2.4.

The opinion distinguished statewide law-improvement groups with open meetings or public input, broader membership, and room for a judge to recuse from lobbying. It also said the requesting judge could infrequently appear as a guest speaker to discuss or consult on domestic violence and stalking laws and the judicial system. The committee concluded that membership in this particular local council was prohibited by the Code.

In practice

The opinion's prohibition concerns membership in the described local council, including its lobbying and connections to cases before the judge. It separately allows infrequent guest speaking or consultation on the relevant laws and judicial role.

Common questions

Q: Could the circuit judge join the local domestic violence prevention council?

A: No. The committee concludes that membership in this council would undermine judicial impartiality, integrity, independence, and public confidence.

Q: Why did the council's lobbying matter?

A: It sought changes to domestic violence and stalking statutes the judge would interpret and enforce, raising concerns about judicial prestige and perceived outside influence.

Q: Could the judge speak to the council without joining?

A: Yes. The opinion permits the judge to serve infrequently as a guest speaker or consultant on domestic violence and stalking laws and the judicial system.

Background and rules framework

The opinion applies Wyoming Code of Judicial Conduct Rules 1.2 and 3.1(C) on public confidence and extrajudicial activities, Rule 1.3 on judicial prestige, and Rule 2.4(B) and (C) on outside interests and the appearance of influence.

Citations and references

Wyoming Code of Judicial Conduct:

• Canons 1, 2, and 3, judicial independence, duties, and extrajudicial conduct.
• Rules 1.2 and 1.3, public confidence and judicial prestige.
• Rule 2.4(B) and (C), outside interests and perceived influence.
• Rule 3.1(C) and Comments [1] and [2], extrajudicial activities.

See also

• WY Judicial Ethics Op. 2020-01: Paid impaired driving liaison

Source

• Landing page: Judicial Ethics Advisory Committee opinions
• Original PDF: Advisory Opinion 2016-04