ADVISORY DIRECTOR FOR POLITICAL SUBDIVISION

 

Opinion No. 91 (1987)

 

QUESTION: May a judge serve as an advisory director on the board of a political subdivision not located within the primary jurisdiction of the judge's court?

The following information has been furnished to the Committee.  The judge would act in a non-legal capacity, receive a nominal fee to cover expenses, and attend meetings after normal working hours.  There appears to be little likelihood that the political subdivision or its directors would have business-related activities in the county in which the judge was elected or appear in the judge's court.

 

ANSWER: The Committee is not aware of the nature of the political subdivision referred to in the posed question; however, since a political subdivision is involved, Canon 5G* is applicable.  Canon 5G* states:

"A judge should not accept 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."

Based on the facts submitted to the Committee, unless the political subdivision board's responsibilities are limited to the improvement of the law, the legal system, or the administration of justice, the Committee is of the opinion that to accept such appointment would be a violation of Canon 5G.*

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* Now see Canon 4H.

 

 

PART-TIME JUDGE--ENDORSEMENT OF CANDIDATES

 

Opinion No. 92 (1987)

 

QUESTION: May a part-time municipal judge publicly endorse judicial or non-judicial candidates for political office?

 

ANSWER: Canon 2B of the Code of Judicial Conduct states that a judge should not lend the prestige of his or her office to advance the private interest of others.  The Committee is of the opinion that the public endorsement of another person's candidacy necessarily involves the use of the prestige of the judge and of his other office.

Canon 8A,* as amended in 1987, provides that judges of municipal courts shall comply with the Code, and Canon 8B(1)** does not exempt part-time judges from Canon 2.  The Committee is of the opinion that a part-time municipal judge would violate the Code of Judicial Conduct by publicly endorsing a candidate for public office.

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*Now see Canon 6C.

** Now see Canon 6D.

 

 

 

 

 

ELECTIVE OFFICE IN VOLUNTEER FIRE DEPARTMENT

 

Opinion No. 93 (1987)

 

QUESTION: May a judge hold the elective office of Fire Chief of a volunteer fire department during his elected term as a judge?

 

ANSWER: Whether the judge may hold two elective offices simultaneously requires a legal opinion. The function of the Judicial Ethics Committee is to write advisory opinions involving potential violations of the Code of Judicial Conduct.

The Committee respectfully declines to answer the question, and suggests that the judge obtain a legal opinion from the office of the Attorney General or other appropriate official.

 

 

DIRECTOR OF BANK

 

Opinion No. 94 (1987)

 

QUESTION: May a justice of the peace ethically obtain loans from a bank where he is an advisory director?

 

ANSWER: In Judicial Ethics Committee Opinions 37, 38, 42, 61, and 89 the Committee has stated that in its opinion a judge may not ethically serve as a director or advisory director of a bank or savings and loan association.  Canon 8A* of the Judicial Code of Conduct requires compliance with the Code by justices of the peace.  Canon 9** provides that a person should arrange his or her affairs as soon as possible to comply with the provisions of the Code.

The question of whether an advisory director of a bank may obtain loans from that bank requires a legal opinion.  The function of the Judicial Ethics Committee is to write advisory opinions involving potential violations of the Code of Judicial Conduct, and not to give legal opinions.  The Committee respectfully declines to answer the question.

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* Now see Canon 6C.

** Now see Canon 7.

 

 

RESPONSE TO NEWS MEDIA INQUIRIES

 

Opinion No. 95 (1987)

 

QUESTION: May a justice of the peace respond to news media inquiries concerning inquest proceedings prior to a final ruling on the death certificate?

 

ANSWER: Canon 3A(8)* states, "A judge shall abstain from public comment about a pending or impending proceeding in any court...."  Canon 3A(8)* does permit a judge to explain court procedure.

The Committee is of the opinion that a news media inquiry about the court's procedure may be answered.  However, the committee is of the opinion that it would be unethical to discuss the facts or other aspects of the case with the news media during the investigation, or while the matter is pending in his court or any other court.

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*Now see Canon 3B(10).

 

 

RAISING CAMPAIGN FUNDS BY DIRECT MAIL

 

Opinion No. 96 (1987)

 

QUESTION: Will the Judicial Ethics Committee advise a justice of the peace whether it is ethical to raise campaign funds by direct mail to his constituents?

 

ANSWER: Whether the raising of campaign funds, either before or after election, by direct mail is lawful or unlawful requires a legal opinion.  Giving legal opinions is beyond the scope of the function of the Judicial Ethics Committee.  The Committee would note that if such procedure was unlawful, it obviously would be unethical.  Canon 5C(1)* sets forth guidelines for a judge's financial and business dealings.

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*Now see Canon 4D.

 

 

COMMENT ON PROCEEDINGS BEFORE

COMMISSION ON JUDICIAL CONDUCT

 

Opinion No. 97 (1987)

 

QUESTION: Will the Judicial Ethics Committee write an opinion on the specified conduct of a judge, as to whether such conduct is a violation of the Code of Judicial Conduct, where a formal complaint for the same conduct has been filed with the State Commission on Judicial Conduct, and the disposition of the complaint is pending?

 

ANSWER: No.  The State Commission on Judicial Conduct is a constitutionally created commission, Tex. Const. Art. 5 Sec. 1-a, which is required to make disposition of complaints filed against judges. Your committee considers such a complaint to represent pending or impending litigation because certain dispositions of complaints by the commission are subject to judicial review.  See, Tex. Const. Art. 5 Sec. 1-a(6)A, C (eff. Jan. 1, 1985).

The Judicial Ethics Committee is a nine judge committee created by the bylaws of the Judicial Section of the State Bar of Texas.  As a committee, and individually, our conduct is subject to the provisions of the Code of Judicial Conduct.  Canon 3A(6)* states, "A judge should abstain from public comment about a pending or impending proceeding in any court...."

The Committee respectfully declines to make, knowingly, public comment on a pending or impending proceeding before the Commission on Judicial Conduct which may require judicial review.

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* Now see Canon 3B(10).

 

 

RETIRED JUDGE--TRUSTEE IN FORECLOSURE

 

Opinion No. 98 (1987)