1.10Judicial Participation in a Community’s Efforts to Acknowledge and Prevent Sexual Assault
“[A] judge is in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice.”MCJC 4. In fact, judges are encouraged to make this type of contribution to the improvement of the law when time permits, but a judge must take care to regulate any extrajudicial activities so as to minimize any risk of conflict with the obligations of the judge. Id.
No matter what involvement a judge is permitted to have in a charitable or civic organization, “[a] judge must avoid all impropriety and appearance of impropriety.” MCJC 2(A). In addition, although “[a] judge may allow his or her name or title to be used in advertising the judge’s involvement in an event,” the judge must not “individually solicit funds.” MCJC 4(D).
A. Judicial Integrity and Independence
“A judge should participate in establishing, maintaining, and enforcing, and should personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved.” MCJC 1.
B.Civic and Charitable Activities
Canon 4 governs a judge’s engagement in extrajudicial activities, including those having to do with charitable or civic organizations, and a judge’s participation in one or more of those organizations. MCJC 4. According to Canon 4(C), “[a] judge may participate in civic and charitable activities that do not reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties.” Further, “[a] judge may serve and be listed as an officer, director, trustee, or nonlegal advisor of a bona fide educational, religious, charitable, fraternal, or civic organization.” Id.
C.Committees and Commissions Related to Matters Other Than the Law
A judge may not be appointed to a governmental committee, commission, or any other position concerned with matters other than improvement of the law, the legal system, or the administration of justice. A judge may not participate in matters of fact or policy unrelated to improving the law, the legal system, or the administration of justice. MCJC 4(I).
D.Prohibition Against Individual Solicitation of Funds
“A judge should not individually solicit funds for any . . . organization or governmental agency devoted to the improvement of law, the legal system, or the administration of justice or use or permit the use of the prestige of the office for that purpose.” MCJC 4(D).
“A judge may . . . serve as a member of an honorary committee or may join a general appeal on behalf of such an organization. MCJC 4(D). “A judge may speak or receive an award or other recognition in connection with an event of such an organization. Id.