May a Wyoming judge's spouse volunteer as a CASA advocate in the judge's district?

Plain-English summary

A circuit judge's spouse wanted to volunteer as a Court Appointed Special Advocate in the judge's district. The spouse would advocate for children in juvenile and domestic violence matters, but would not be a lawyer, guardian ad litem, or supervisor. The request said the spouse would not appear in a case before the judge, and the judge would not take part in CASA events or fundraising.

The committee said the Code of Judicial Conduct regulates judges, rather than their spouses. On the stated facts, the spouse's volunteer work alone would not automatically violate the rules governing the judge. The committee focused instead on the judge's conduct, the spouse's actual activities, and the possible appearance of outside influence.

The opinion says the judge should not preside over any case in which the spouse participates as a CASA volunteer. It adds that if the spouse's CASA role includes giving information, guidance, or counseling to anyone involved, or potentially involved, in family violence or stalking protection cases, the judge should cease hearing all domestic violence cases in circuit court. If the spouse is absent from every case before the judge, the opinion permits the judge to continue hearing domestic violence and juvenile matters on the limited facts presented.

The committee also advised against discussing CASA-related cases with the spouse, attending CASA events, or letting the marital relationship be used during the volunteer application or work. It said the narrow facts and limited knowledge of the local CASA work prevented it from predicting every potential issue.

In practice

The opinion's permission is tied to the spouse's noninvolvement in any case the judge hears and to the limited CASA duties described in the request. It sets a broader circuit-court domestic violence restriction if the spouse's volunteer work reaches people who are or may be involved in protection cases.

Common questions

Q: Does the Code itself bar the judge's spouse from volunteering for CASA?

A: No. The committee says the Code regulates judges and that the spouse's volunteer work alone is not an automatic violation for the judge.

Q: May the judge hear a case involving the spouse as a CASA volunteer?

A: No. The opinion says the judge should not preside over any case in which the spouse is involved in any way as a CASA volunteer.

Q: When would the judge need to stop hearing all circuit-court domestic violence cases?

A: If the spouse's CASA role includes providing information, guidance, or counseling to a person involved or potentially involved in family violence or stalking protection matters, the committee says the judge should cease presiding over all such domestic violence cases.

Background and rules framework

The opinion applies Wyoming Code of Judicial Conduct Rules 1.2 and 1.3 on public confidence and judicial prestige, Rules 2.2 and 2.3(A) on impartial performance, and Rule 2.4(B) and (C) on outside influence. It discusses the committee's earlier Advisory Opinion 2018-02, which involved a spouse employed by a domestic violence advocacy organization.

Citations and references

Wyoming Code of Judicial Conduct:

• Canons 1 and 2, judicial independence and performance of duties.
• Rules 1.2 and 1.3, public confidence and judicial prestige.
• Rules 2.2 and 2.3(A), impartiality and absence of bias.
• Rule 2.4(B) and (C), family influence and appearance of outside influence.

Other opinions cited:

• Wyoming JEAC Advisory Opinion 2018-02, spouse's employment with a domestic violence advocacy organization.

See also

No sibling opinions yet indexed.

Source

• Landing page: Judicial Ethics Advisory Committee opinions
• Original PDF: Advisory Opinion 2019-01