Colo. Code Jud. Conduct R. 3.4

History

COMMENT [1] Rule 3.4 implicitly acknowledges the value of judges accepting appointments to enti- ties that concern the law, the legal system, or the administration of justice. Even in such in- stances, however, a judge should assess the ap- propriateness of accepting an appointment, pay- ing particular attention to the subject matter of the appointment and the availability and alloca- tion of judicial resources, including the judge’s time commitments, and giving due regard to the requirements of the independence and impar- tiality of the judiciary. [2] A judge may represent his or her coun- try, state, or locality on ceremonial occasions or in connection with historical, educational, or cultural activities. Such representation does not constitute acceptance of a government position. [3] Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the community in which the judge lives. Every governmental board, committee and commis- sion is different and must be evaluated indepen- dently to determine whether judicial participa- tion is appropriate. In considering the appropriateness of accepting extrajudicial as- signments, a judge should ensure that the mis- sion and work of the board or commission re- lates to the law, the legal system, or the administration of justice. To effectuate the Code’s goal of encouraging judges to partici- pate in their communities, the relationship be- tween the board’s mission and the law, legal system, or the administration of justice should be construed broadly. Any judicial ethics advi- sory opinions issued before adoption of this Code requiring a narrow link or stringent nexus are no longer valid. A judge should avoid par- ticipating in governmental boards or commis- sions that might lead to the judge’s frequent disqualification or that might call into question the judge’s impartiality. The changing nature of some organizations and of their relationship to the law makes it necessary for a judge to regu- larly reexamine the activities of each organiza- tion with which the judge is affiliated to deter- mine if it is proper to continue the affiliation. ETHICS OPINIONS Judge’s service on a state Children’s Justice Act task force created by federal statute and requiring state judge membership should be limited to roles permitted by ethical limitations. ‘‘Fundamentally, whether a judge may sit on any board or committee, turns on whether that board or committee is devoted to the improve- ment of the law or the administration of justice, and, regardless of whether it is or not, whether participation by a judge would lead to an ap- pearance of partiality in cases coming before that judge.’’ Ak. Ad. Op. 2001-01.