State of Washington

Ethics Advisory Committee

Question

Is it improper for a judicial officer to be a regular or an honorary member of a county bar association or a bar association limited geographically to a portion of the county, although the association takes public positions on matters other than the law, the legal system and the administration of justice and may be involved in legislative efforts?

Though a judicial officer is not a member of a bar association for which membership would be precluded, may a judicial officer nevertheless be on the mailing list so as to receive the periodic publications of the association? Would it make a difference whether these publications are paid for?

If a judicial officer may be a member (honorary or otherwise) of a county bar association is a judicial officer yet precluded from being a member of a particular section (such as Family Law) since that particular committee or section might take public positions on matters other than the law, the legal system and the administration of justice and be involved in pursuing legislative efforts respecting the interests of a subgroup of lawyers?

Answer

CJC Canon 4(A) provides that judges may speak, write, lecture, teach and participate in other activities concerning the law, the legal system and the administration of justice. Canon 4(B) provides that judges may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system and the administration of justice, and they may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice. Canon 4(C) provides that judges may serve as members, officers, or directors of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. The comment to this provision states that judges are encouraged to engage in these activities either independently or through a bar association. Of course, judges may participate in these activities only to the extent that they do not interfere with the proper performance of their judicial duties.

Even though law related activities are expressly permitted under Canon 4, Canon 2 must also be considered. Canon 2(A) provides that judges should conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon 2(B) provides that judges should not lend the prestige of their office to advance the private interests of others nor should they convey or permit others to convey the impression that they are in a special position to influence them.

Canon 2 and Canon 4 permit a judicial officer to be a regular or honorary member of a county bar association or a bar association limited geographically to a portion of the county, and belong to a particular section of a local county bar association even though the association or particular section takes public positions and may be involved in legislative efforts under the following conditions: A judicial officer may participate in any of the association's or section's legislative efforts to the extent permitted by Canon 4(B) but may not take any public position on those matters that do not involve the law, the legal system and the administration of justice. The bar association or section should make it clear that the judicial members of the bar association do not participate in legislative efforts except to the extent permitted by Canon 4(B) or on any matters that do not involve the law, the legal system and the administration of justice. As with membership in any organization, the judicial officer should regularly reexamine the nature of the organization with which they are affiliated to determine if it is proper to continue to be a member of the local bar association or of a particular section of the local bar association.

If a judicial officer determines that the nature of the local bar association or section has changed to the extent that it is not proper under Canon 2 and Canon 4 for the judicial officer to remain affiliated with the local bar association or section, the judicial officer should resign.

There is no prohibition in the Code of Judicial Conduct which would preclude a judicial officer from being on the mailing list to receive the periodic publications of the association, regardless of whether the publications are paid for.

Opinion 92-02

03/30/1992