SERVICE ON DOWNTOWN DEVELOPMENT COMMITTEE

 

Opinion No. 141 (1991)

 

QUESTION: May a judge be the chairman of and serve on a committee to encourage and expand the economic development and historical restoration of a downtown area in which the judge owns real property?  The committee will solicit funds from private businesses and individuals and from the city to fund the project.

 

ANSWER: No.  Canon 2B provides that a judge should not permit the use of the prestige of judicial office for the private interests of the judge or others.  Canon 5C(1)* provides that a judge should refrain from financial and business dealings that tend to exploit the judge's judicial position.

The Committee concludes that the judge's participation, as chairman of the committee or as a member, in sponsoring a project that may benefit the judge and that depends upon fund raising would create the appearance of using the prestige of judicial office for the benefit of the owners of the downtown property, including the judge.  That activity could also give the appearance of compromising the independence of the judge by permitting a contributor to attempt to curry favor with the judge or to convey the impression that the contributor is in a special position to influence the judge.

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* Now see Canon 4D(1).

 

 

JUSTICE OF THE PEACE IN BAIL BOND BUSINESS

 

Opinion No. 142 (1991)

 

QUESTION: May a newly elected Justice of the Peace who has had a bail bond license for several years continue his bail bond business if his son manages the business and does not make bond for accused persons who come before the Justice of the Peace.

 

ANSWER: No.  Canon 5C(1)* provides that a judge should refrain from financial dealings that tend to reflect adversely on the judge's impartiality, interfere with the proper performance of judicial duties, exploit his or her judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the court on which the judge serves.  The Committee concludes that continuing a bail bond business under the circumstances stated in the question would be inconsistent with these provisions of Canon 5C(1).*

The Committee does note that Canon 8D(1)(b)** provides that the requirement of Canon 5C(3),***  that a judge should divest financial interests that require frequent disqualification, does not apply to Justices of the Peace.  However, the Committee believes that Canon 5C(1),* which does apply, controls this question.  Canon 9,****  which is also applicable, provides that a person to whom the Code becomes applicable should arrange his or her affairs as soon as reasonably possible to comply with it.

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* Now see Canon 4D(1).

** Now see Canon 6C(1)(b).

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

**** Now see Canon 7.

 

 

SERVICE BY JUSTICE OF THE PEACE ON SCHOOL BOARD

 

Opinion No. 143

 

QUESTION: May a person serving as Justice of the Peace also serve as a school board trustee?

 

ANSWER: Such service would not violate the Code of Judicial Conduct, but this Committee is not authorized to consider the question of law presented by the question.

 

Canon 8D(1)(b)* provides that a Justice of the Peace is not required to comply with the provision of Canon 5G** that a judge should not accept appointment to a governmental committee that is concerned with issues of fact or policy other than the improvement of the law, the legal system, or the administration of justice.  This Committee has considered only the ethical issue presented under these Code provisions, and respectfully declines to consider or decide any issue of law that may be presented by the question.

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* Now see Canon 6C(1)(b).

** Now see Canon 4H.

 

 

SERVICE ON BOARD OF ONE HOSPITAL DIVISION OF A NONPROFIT CORPORATION

 

Opinion No. 144

 

FACTS ASSUMED:  A nonprofit corporation operates three hospitals that are not separately incorporated, but each hospital is a corporate division with a board of trustees to which the corporate board delegates extensive responsibility.

 

QUESTION: May a judge serve on the board of trustees of one of the hospital divisions of such a nonprofit corporation?

 

ANSWER: Yes, subject to certain limitations provided by Canon 5B,* as stated in the following paragraph.  Subject to those conditions, a judge may serve as a trustee of a charitable organization not conducted for the economic or political advantage of its members.

Canon 5B* provides that a judge should not serve if the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.  Also, a judge should not solicit funds or permit the use of the judge's name in fund raising, and a judge should not give investment advice to such an organization.

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* Now see Canon 4C.

 

 

POLITICAL ACTIVITY OF JUDGE'S STAFF

 

Opinion No. 145 (1992)

 

QUESTION: Should a judge permit members of the judge's office staff to participate in political activities such as publicly supporting a candidate for election, acting as a campaign manager, and fund raising?

 

ANSWER: No. Canon 7(3)* provides that a judge shall not authorize the public use of the judge's name to endorse another candidate for any public office. The reasons for that rule are stated in the first paragraph of the answer in Opinion 130. Canon 3B(2)** provides that a judge should require the judge's staff, as well other court officials subject to the judge's direction and control, to observe the standards of the Code.

The Committee concludes that such political activity by a member of a judge's office staff would imply, or would be likely to give the appearance of, the judge's support for the candidate.

 

RELATED QUESTIONS:

 

The inquiring judge also asks whether a judge should permit a staff member to contribute money to a candidate. The Committee concludes that to permit such a contribution would be appropriate only under the circumstances that would allow the judge to contribute, that is, when the judge is satisfied that neither the contribution nor the public record thereof will receive public attention before the election.

The inquiring judge also mentions the uncertain nature of a "judge's direction and control" over a county employee on the judge's office or court staff. The Committee does not reach the issue of how that direction and control should be exercised, because it involves questions of law and because it arises in so many different situations and circumstances that it cannot be addressed in general terms.

Therefore, this opinion is limited to the conclusion that for a judge to permit or to condone such political activity by a staff member would be inconsistent with the ethical standards of the Code of Judicial Conduct.

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* Now see Canon 5(3).

** Now see Canon 3C(2).

 

 

 

EXTRAJUDICIAL RECOMMENDATIONS TO BOARD OF PARDONS AND PAROLES

 

Opinion No. 146 (1992)

 

QUESTION: Should a judge who has no professional connection with a criminal case make a recommendation to the Board of Pardons and Paroles concerning parole of the defendant?

 

ANSWER: No. Canon 2B provides that a judge should not use or permit the use of judicial prestige for the benefit of the judge or others. The Committee concludes that if the judge has no professional connection to the case, such a recommendation by a judge would be, or at least would give the appearance of being, an attempt to use Judicial prestige for the benefit of another. This would be true even if the judge has some personal basis for the recommendation, because there is no realistic way to separate the prestige of the judge's office from the judge's personal affairs. Compare Opinion 73.

 

 

 

PARTICIPATION IN PLAN TO ENCOURAGEJURORS TO DONATE JURY PAY

 

Opinion No. 147 (1992)

 

QUESTION: Should a judge participate in a plan to advise jurors that they may make a voluntary donation of their jury pay to a "Children's Protective Services Fund?"

 

ANSWER: No. Canon 5B(2)* provides that a judge shall not solicit funds for any educational, religious, charitable, fraternal, political, or civic organization. Canon 4C** provides that a Judge should not personally participate in public fund raising activities for an organization devoted to the improvement of the law, the legal system, or the administration of justice. Opinions 10, 58, 131, and 137 (Question 4) construe this Canon 4C** provision.

There is another consideration if the court on which the judge serves has jurisdiction in cases involving the protection of children. Canon 2A provides that a judge should promote public confidence in the impartiality of the judiciary. The Committee concludes that a judge's participation in raising money for the protection of children would create the appearance of partiality in cases involving accusations of abuse of, or failure to protect, children. (Compare Opinion 126.)

The Committee concludes that a judge should not participate in advising jurors that they may donate their jury pay to any cause.

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* Now see Canon 4C(2).

** Now see Canon 4B(2).

 

 

SERVICE ON BOTH COUNTY JUVENILE BOARDAND TEXAS JUVENILE PROBATION COMMISSION

 

Opinion No. 148 (1992)

 

FACTS ASSUMED: A district judge is the judge of a court designated as a juvenile court and serves on the County Juvenile Board, which has the statutory duty and authority to employ juvenile probation department staff members, designate the titles of employees, and set their salaries. The same judge also serves on the Texas Juvenile Probation commission, which has the statutory duty and authority to allocate and distribute to juvenile boards the funds appropriated by the Legislature and to give technical assistance and training to juvenile boards and juvenile probation departments. A pertinent statute provides that two members of the Commission shall be district judges who are judges of juvenile courts.

 

QUESTION: When acting as a member of the Commission should the judge vote on questions which affect funding for the juvenile probation department supervised by the Juvenile Board on which the judge serves and on questions concerning funding formula and guidelines that apply to all juvenile boards?

 

ANSWER: Yes. Canon 3B(1)* provides that a judge should diligently discharge all administrative responsibilities. The statutory arrangement manifests a legislative intent to coordinate the Commission's work with that of local juvenile boards, as well as a legislative assumption that the arrangement itself does not create a conflict of interest.

However, this Committee observes that there may be circumstances under which such a judge may decide that it would be appropriate in order to avoid the appearance of partiality for the judge to abstain from voting on a specific matter that would have an apparent and substantially greater impact on the judge's own probation department than on other departments generally.

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* Now see Canon 3C(1).

 

 

SERVICE AS JUSTICE OF THE PEACE IN ONE COUNTY

AND AS  RESERVE DEPUTY SHERIFF IN ANOTHER

 

Opinion No. 149 (1992)