COURT PERSONNEL -- SALES FOR CHARITY

 

Opinion No. 111 (1988)

 

QUESTION: Is there a violation of the Code of Judicial Conduct for the court personnel of a judge's office  to sell Girl Scout cookies or other items to benefit community, school, civic, or community organizations?

 

ANSWER: This committee's answer in our opinion No. 110 is applicable to the posed question.  Subject to the limitations set forth in that opinion, the committee perceives no violation of the Code of Judicial Conduct in the described activities.

 

 

COURT PERSONNEL -- SERVICE ONCHARITABLE BOARD OF DIRECTORS

 

Opinion No. 112 (1988)

 

QUESTION: Is it a violation of the Code of Judicial Conduct for court personnel in a judge's office to be a director on a Girl Scout council board?  Duties would include giving budget and investment advice.

 

ANSWER: Canon 5B(3)* prohibits a judge from giving investment advice to such organizations.Canon 3B(2)** requires court personnel under the direction and control of the judge to observe the standards of the code of judicial conduct.

For the reasons stated in this committee's Opinion No. 110, we perceive no violation of the Code of Judicial Conduct in the described activity provided the limitations set forth in that opinion are followed.

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* Now see Canon 4C(3).

** This Canon has been amended.

 

 

COUNTY JUDGE -- SERVICE IN ORGANIZATIONS

 

Opinion No. 113 (1988)

 

QUESTION: Would it be a violation of the Code of Judicial Conduct for a constitutional county judge to serve as a director or member of the following type organizations?

1.  A metropolitan transportation organization that reviews and develops transportation needs for the county and cities in the county in which the judge is the county judge.  Service is voluntary.

2.  A tax increment financing district that oversees the development of public work projects and contracts for such projects in a city in the judge's county.  Service is voluntary.

3.  A regional planning commission, established by state law, for the development of cooperation between cities, counties, and other governmental entities in the region.  Further, to discourage duplication of service in the region.  Service and governmental membership is voluntary.

 

ANSWER: The Code of Judicial Conduct, as amended December 16, 1987, recognized the fact that constitutional county judges have a dual status:  (1)  their administrative capacity as head of their county governments, and (2)  their judiciary capacity as judges of their constitutional county courts.  Thus, where Canon 5G* prohibits most judges from accepting appointments to most governmental committees or commissions, Canon 8C(1)** provides an exception that permits constitutional county judges who perform judicial functions the right to engage in duties which relate to the judge's role in the administration of county affairs, regardless of other Code restrictions.  In addition, the Code in Canon 8C(2)** makes Canon 5G* not applicable to constitutional county judges.

The committee is of the opinion that a constitutional county judge may be a member or director of the three described organizations, and that such activity is not a violation of the Code of Judicial Conduct provided compliance with other provisions of the Code are met, i.e. (1)  such activities do not interfere with his or her judicial duties  [Canon 5B];*** (2)  investment  advice  is not given to the organization by the judge [Canon 5B3];****  (3)  the organization  does not  engage in  proceedings that  would  ordinarily  come  before the judge, in his judicial capacity, or will be regularly or frequently engaged in adversary proceedings in any court [Canon 5(B)].*****

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*Now see Canon 4H

**Now see Canon 6B

***Now see Canon 4A(2)

****Now see Canon 4C(3).

*****Now see Canon 4C(1).

 

 

COUNTY JUDGE -- SERVICE ON ECONOMIC DEVELOPMENT CORPORATION BOARD

 

Opinion No. 114 (1988)

 

QUESTION: Would it be a violation of the Code of Judicial Conduct for a constitutional county judge to be an ex officio member of a private non-profit corporation created for the purpose of increasing economic development in the judge's county.  The corporation solicits funds to sustain its operational costs.

 

ANSWER: The corporation appears to be engaged in a function that is highly beneficial to a county. A county judge, in his administrative capacity as titular head of the county commissioners court, has a duty to encourage projects which are beneficial to his or her county.  Canon 8C(1)* of the Code permits a county judge to engage in such activities so long as they relate to the administration of the county.

The committee is of the opinion that it would not be a violation of the Code of Judicial Conduct for the judge to be a member provided the judge does not personally solicit funds (Canon 4C),** or lend the prestige of his office for that purpose, and further provided no other canons of the Code are violated.

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* Now see Canon 6B.

** Now see Canon 4B.

 

 

COUNTY JUDGE -- SERVING ON DRUG ABUSE BOARD

 

Opinion No. 115 (1988)

 

QUESTION: May a constitutional county judge ethically serve as a co-chairman of a committee created for the purpose of eliminating drug abuse in his or her county?  The committee would solicit funds for the purpose of educating the public, offering rewards, compiling statistics, and seeking necessary legislation.

 

ANSWER: As a titular head of county government, a county judge should encourage the formation of such described organizations.  Canon 8C(1)* permits the judge's participation in such programs so long as they relate to his or her duties in the administration of the county.  However, the code imposes other restrictions which might make it impractical for a judge to participate in the organization=s activities. For instance, (1)  a judge should not personally solicit funds (Canon 4(C));**  (2)  a judge should not give investment advice (Canon 5B(3));*** (3)  such activities do not interfere with his or her judicial duties (Canon 5B(1));**** (4)  the organization does not engage in proceedings that would ordinarily come before the judge in his judicial capacity, or will be regularly or frequently engaged in adversary proceedings in any court (Canon 5B(1));***** (5)  service on the committee would not detract from public confidence in the integrity and impartiality of the judiciary (Canon 2A); (6)  the judge would be unswayed by partisan interest, public clamor, or fear of criticism (Canon 3A(1));******  (7)  such service does not cast doubt on the judge's capacity to decide any issue that may come before his or her court (Canon 4A); and (8)  the judge does not try drug or drug related cases.

 

The committee is of the opinion that Canon 8C(1)* permits a judge to ethically serve as a co-chairman of such described committee, provided he or she adheres to those provisions of the code enumerated above.

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* Now see Canon 6B.

** Now see Canons 4B(2) and 4C(2).

*** Now see Canon 4C(3).

**** Now see Canon 4A.

***** Now see Canon 4C(1).

****** Now see Canon 3B(2).

 

 

ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE

 

Opinion No. 116 (1988)

 

QUESTION: May a trial court judge adopt local rules to provide for an "Office of the Guardian Ad Litem" and appoint an attorney to that office who shall have the responsibility, in accordance with orders in all domestic relations cases involving child support orders, to collect and distribute all support payments, maintain necessary records for the court, and file motions for contempt where payments are not promptly made, and in return for such services receive a small monthly service charge out of court-ordered child support payments in order to finance this office?

 

ANSWER: The proposal is to create a self-supporting plan whereby a representative of the court will take the necessary steps to insure prompt payment of child support in accordance with court orders.  The procedure would insure against a former spouse becoming delinquent for many months before this was ever brought to the attention of the court.

The proposed procedure does not result in a violation of the Code of Judicial Conduct.  A trial judge has a legitimate interest in seeing that the best interest of a child is protected by prompt payment of support orders.  The order creating the position of guardian ad litem would not result in the judge lending the prestige of his office to advance the private interest of others in violation of Canon 2B and would not constitute the practice of law in violation of Canon 5F.*  The judge should not engage in ex parte communications with the guardian ad litem as to the merits of the motions for contempt or other proceedings pending in the court in violation of Canon 3A(5).**

Although Tex. R. Civ. P. 173 authorizes the appointment of a guardian ad litem and the allowance of a reasonable fee for his services, this opinion does not pass upon the legality of the proposal for an office of the guardian ad litem, but only the ethical considerations.

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* Now see Canon 4G.

** Now see Canon 3B (8).

 

 

CANDIDATE -- REPUDIATE ILLEGAL VOTE

 

Opinion No. 117 (1988)

 

QUESTION: Must a candidate for judicial office repudiate a vote or votes shown by uncontroverted evidence to be illegal?

 

ANSWER: Whether a vote is illegal is a question of law to be decided by the proper forum, not the judicial ethics committee.

The committee finds nothing in the Code of Judicial Conduct that requires a candidate in a judicial race to publicly repudiate a vote either before or after a legal determination of the validity of the vote.

 

 

DESIGNATION OF SAFETY DRIVING COURSE