Colo. Code Jud. Conduct R. 3.2

History

COMMENT [1] Judges possess special expertise in mat- ters of law, the legal system, and the adminis- tration of justice, and may properly share that expertise with governmental bodies and execu- tive or legislative branch officials. [2] In appearing before governmental bod- ies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3, prohibiting judges from using the prestige of office to advance their own or others’ inter- ests, Rule 2.10, governing public comment on pending and impending matters, Rule 2.11, out- lining the circumstances under which a judge must disqualify himself or herself, and Rule 3.1(C), prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to undermine the judge’s in- dependence, integrity, or impartiality. [3] In general, it would be an unnecessary and unfair burden to prohibit judges from ap- pearing before governmental bodies or consult- ing with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions, and must otherwise exercise caution to avoid using the prestige of judicial office. ETHICS OPINIONS A district court judge may not accept a voting or non-voting board position on a local commu- nity board that combines integrated services and legislative advocacy because such membership would involve legislative advocacy beyond matters to improve the law. Colo. J.E.A.B. Op. 2007-07. The judge should not accept appointment to a blue ribbon panel of public and private leaders charged with ‘‘reducing the state’s contribution and vulnerability to a changed climate’’ by de- veloping a set of recommendations and policy proposals addressing how Colorado can miti- gate and adapt to climate change. The judge’s work on the panel would involve consulting with or providing recommendations to the leg- islative and executive branches on climate con- trol issues, which are unconnected with the law, the legal system, the administration of justice, or the role of the judiciary. Colo. J.E.A.B. Op. 06-08.