GRIEF COUNSELLING

 

Opinion No. 101 (1987)

 

QUESTION: Would it be a violation of the Code of Judicial Conduct for a judge to work in conjunction with a professional therapist in group counselling of persons who have sustained grievous losses in their lives?

 

ANSWER: The committee has been informed that the classes are scheduled at such times as to not interfere with the judge's judicial duties and that the judge will be paid a stipend of $200 monthly, apparently to cover the cost of required insurance.

Canon 5A permits a judge to speak and teach on non-legal subjects in his or her avocational activities provided those activities do not detract from the dignity of his or her office or interfere with the performance of his or her judicial duties.  Subject to the limitations set out in Canon 5A,* the committee is of the opinion that it would not be a violation of the Code of Judicial Conduct for a judge to work with the described group counselling classes.

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*Now see Canon 4A and B.

 

 

"DISTRICT JUDGE RETIRED" ON LETTERHEAD

 

Opinion No. 102 (1987)

 

QUESTION: May a retired judge, who has elected to return to the practice of law rather than being subject to recall, ethically have a phrase such as "District Judge Retired" printed on his letterhead, professional cards, telephone listings or office door?

 

ANSWER: Canon 2B admonishes a judge "not [to] lend the prestige of his or her office to advance the private interests of himself or herself...." Canon 2B is applicable to retired judges who have elected to return to the active practice of law.

The committee is of the opinion that after a retired judge has initially sent out his or her announcement of retirement and of returning to the active practice of law, to use the prestige of his or her former judgeship to advance the private interest of his or her law practice would violate Cannon 2B.

 

 

SERVICE ON GOVERNMENTAL BOARD

 

Opinion No. 103 (1987)

 

QUESTION: Would it be a violation of the Code of Judicial Conduct for a judge of a statutory county court at law to serve on the board of trustees of the Texas Association of Counties Health Insurance Trust?

 

ANSWER:  The committee is informed that the TAC Insurance Trust is the vehicle through which the Texas Association of Counties affords its members group health insurance.  The TAC trust board's responsibilities include:  acquisition of insurance, collection of premiums, development of policy for that trust, preparation of contracts with (1) insurance companies, (2) participating members, (3) leases, and (4) other contracts necessary to proper administration of the trust.  Board members serve without compensation.  Service is voluntary.

Whether county employees have a group health program is determined by the Commissioners Court of each county.  This is a governmental decision and the fact that a group of counties associate themselves into a common health program does not alter the nature of the decision.  This is so because it is only the respective Commissioners Courts that decide whether to join a specific health program.

The committee is of the opinion that the TAC insurance trust is governmental is nature with each county delegating its authority to the trust board.

Canon 5G* admonishes a judge not to accept an extra-judicial appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice.

The health insurance trust is involved with issues of fact and policy on matters not concerning the improvement of law, the legal system, or the administration of justice.  The committee is of the opinion that if a judge serves as a trustee on the TAC insurance trust, he or she would violate Canon 5G.*

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*Now see Canon 4H.

 

 

PREPARATION OF PLEADINGS

 

Opinion No. 104 (1987)

 

QUESTION: May a judge who handles a mental illness docket ethically prepare applications and other legal pleadings for persons who desire to commit someone to a mental hospital?

 

ANSWER: No, for several reasons.  Canon 3A(5)* prohibits a judge from directly or indirectly initiating, permitting, or considering ex parte communications concerning the merits of a pending or impending legal proceeding.  Canon 2B admonishes a judge from lending the prestige of his office to advance the private interests of others.  The giving of advice and preparation of legal instruments to be filed in court is considered practicing law, which is prohibited by Canon 5F** of the Code of Judicial Conduct.  Finally, for a judge to prepare legal instruments to be filed in that judge's own court poses a conflict of interest and would violate the intent and purpose of the Code.

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*Now see Canon 3B(8).

** Now see Canon 4G.

 

 

COLLECTION OF COURT FEES

 

Opinion No. 105 (1987)

 

QUESTION: May a County Court at Law Judge participate in the collection of court fees and other fees owed to the County Clerk's Office by writing letters to or personally contacting the persons who owe the fees?

 

ANSWER: No.  A judge should uphold the integrity and independence of the judiciary (Canon 1), and should avoid impropriety and the appearance of impropriety in all his activities (Canon 2).  The collecting of the past due debts of the County by a judge constitutes the practice of law.  A judge should not practice law (Canon 5F)* and should not have ex parte communications concerning the merits of impending litigation.  [Canon 3A(5)].**

The collecting of past due debts of a county is the duty of an authorized agency, i.e. County Attorney, District Attorney, or retained private practicing attorney.

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*Now see Canon 4G.

** Now see Canon 3B(8).

 

 

APPLICABILITY TO EMPLOYEE OF JUDGE

 

Opinion No. 106 (1987)

 

QUESTION: Is a person who is an employee of a judge or a group of judges subject to the provisions of the Code of Judicial Conduct?

 

ANSWER: Canon 3B(2)* states, "A judge should require his or her staff and court officials subject to the judge's direction and control to observe the standards of this code."

The committee is informed that the person is hired by a group of judges and appears to be under the direction and control of the judge(s).  Under such circumstances, it is the duty of the judge(s) who employ that person to see that the employee complies with the provisions of the code.

The code makes no provisions for the sanctions against the employee for non-compliance with the code, but it does provide sanctions against the judge(s) in the event of non-compliance by the judge(s) in not requiring personnel under the direction and control of the judge(s) to adhere to the provisions of the code.

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*Now see Canons 3B(4),(6),(8), and (10) and 3C(2).

 

 

SALE OF REPORT ON DOCKET BY CLERK

 

Opinion No. 107 (1987)

 

QUESTION: Is it a violation of the Code of Judicial Conduct for a docket assignment clerk, an employee of a judge or judges, to sell subscriptions to attorneys and others, a report which the clerk compiles advising his or her subscribers of the disposition of and other docket information concerning completed jury trials?

 

ANSWER: The committee is advised that the docket assignment clerk in his or her discretion determines (1) the order of assignment of cases for jury trial; (2) the judge or court to whom a case is assigned or not assigned; and (3) whether, after a case is assigned, a formal written motion and hearing for continuance are required or whether the clerk will grant an "informal" continuance.

The committee is further informed that the funds received from the subscriptions are retained by the clerk.

Canon 2 requires that a judge should avoid impropriety and the appearance of impropriety.  The committee observes no patent impropriety but respectfully suggests that the combination of the delegated authority to the clerk and the sale of the subscriptions by the clerk invites violation of the code.

 

CAVEAT:  Any sanctions imposed for violations of the Code of Judicial Conduct are imposed against the judge(s), not the clerk.

 

 

PROPERTY OWNERS CORPORATION

 

Opinion No. 108 (1987)

 

QUESTION: May a judge ethically serve as an officer or director of a non-profit corporation which collects maintenance fees from subdivision property owners and uses the money to maintain roads and parks in the subdivision?  The corporation is controlled by subdivision property owners, and the subdivision is not located within the geographical area assigned to the court over which the judge presides.

 

ANSWER: The answer to the question is determined by whether the corporation is a "publicly owned business" or a "civic organization."  Canon 5B(2)* prohibits a judge from being "an officer, director or manager of a publicly owned business."  Canon 5B** permits a judge to serve "as an officer, director, trustee or non-legal advisor of a ... civic organization not conducted for the economic or political advantage of its members, subject to" the limitations set forth in Canon 5B(1), (2), and (3).**

The committee is divided five to four on the proper classification to be given to the corporation, but the majority of the members of the committee are the opinion that the corporation is a publicly owned business.  Thus, if a judge serves as an officer or director of the publicly owned corporation, it would be a violation of Canon 5B(2).*

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*Now see Canon 4D(2).

** Now see Canon 4.

 

 

STEERING COMMITTEE FOR CONSTITUTIONAL AMENDMENT

 

Opinion 109 (1987)

 

QUESTION: May a judge serve on a steering committee for an organization whose purpose is to effectuate the passage of a constitutional amendment giving certain rights to victims of crime?