State of Washington

Ethics Advisory Committee

Question

May a judicial officer host a weekly one-hour radio show?

The judicial officer has been asked to host a one-hour radio program on topics concerned with the law, the legal system and the administration of justice. The purpose of the show is to inform the public on these matters in the context of an interesting, engaging and thought-provoking show, which is suitable for a mass, lay audience. The judicial officer has represented the judicial officer is aware of the subject matter prohibitions in the Code of Judicial Conduct and will not violate them.

Answer

CJC Canon 4(A) provides in part that judges may speak and participate in other activities concerning the law, the legal system and the administration of justice. These activities may not however, cast doubt on a judge’s capacity to decide impartially any issue that may come before them.

Canon 4(A) permits a judge to host a weekly radio show which is concerned with the law, the legal system and the administration of justice. Even though the judicial officer may host the show, he or she must conduct himself or herself so as not to cast doubt upon the judge’s ability to decide cases impartially. The judge may not, while a proceeding is pending in any court, make any public comment that might reasonably be expected to affect the outcome of a case or interfere with a fair trial or hearing. (CJC Canon 3(A)(7)). Additionally, the judicial officer should avoid speculating on what the law should be and should not participate in a manner that would constitute in giving legal advice. (CJC Canon 5(F)). The show must be consistent with upholding the integrity of judicial office. (CJC Canon 1).

Opinion 98-12

12/18/1998