Colo. Code Jud. Conduct R. 3.7

History

COMMENT [1] The activities permitted by paragraph (A) generally include those sponsored by or undertaken on behalf of public or private not- for-profit educational institutions, and other not- for-profit organizations, including law-related, charitable, and other organizations. [2] Even for law-related organizations, a judge should consider whether the membership and purposes of the organization, or the nature of the judge’s participation in or association with the organization, would conflict with the judge’s obligation to refrain from activities that reflect adversely upon a judge’s independence, integrity, and impartiality. [3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not constitute a violation of paragraph 4(A). It is also generally permissible for a judge to serve as an usher or a food server or preparer, or to perform similar functions, at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations. Such activities are not solicitation and do not present an element of coercion or abuse the prestige of judicial office. [4] Identification of a judge’s position in educational, religious, charitable, fraternal, or civic organizations on letterhead used for fund- raising or membership solicitation does not vio- late this Rule. The letterhead may list the judge’s title or judicial office if comparable des- ignations are used for other persons. [5] In addition to appointing lawyers to serve as counsel for indigent parties in indi- vidual cases, a judge may promote broader ac- cess to justice by encouraging lawyers to par- ticipate in pro bono publico legal services, if in doing so the judge does not employ coercion, or abuse the prestige of judicial office. Such en- couragement may take many forms, including providing lists of available programs, training lawyers to do pro bono publico legal work, and participating in events recognizing lawyers who have done pro bono publico work. ETHICS OPINIONS Judges may participate in Denver PrideFest and other similar community events after con- sidering factors like the event’s mission, its sponsors, and the judge’s intended level of par- ticipation. Subject to certain considerations, the judge may also march in the PrideFest parade with a bar association, such as the Colorado LGBT Bar Association. Colo. J.E.A.B. Ad. Op. 2022-01. 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. 07-07. A judge may serve on a grant-making com- mittee of a community foundation. Colo. J.E.A.B. Op. 07-03. A judge may serve on the board of directors of a public charter school in a neighboring ju- dicial district. Colo. J.E.A.B. Op. 07-02. 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. Colo. J.E.A.B. Op. 06-08. A judge may serve on the board of an orga- nization devoted to seeking funds to assist de- fendants in obtaining court-ordered substance abuse treatment, and he may make recommen- dations to a private foundation that it should fund programs to the same end, but it would be inappropriate for the judge to assist in determin- ing which particular defendants receive the scholarship funds. Colo. J.E.A.B. Op. 06-06. A judge may make monetary contributions to further pro bono activities, but it is inappropri- ate for judges to solicit attorneys to participate in particular pro bono programs. Acknowledg- ing the pro bono activity of particular attorneys would be permissible if it were done in a man- ner that is public, but letters of congratulation sent directly to the attorney could be interpreted as evidence that the attorneys are in a special position of influence or that the judge’s ability to act impartially has been compromised. Alaska Ad. Op. 2004-01. Judge may as college trustee co-host outreach event for alumni who are lawyers. Md. Ad. Op. 2008-06. Judge may serve as a director of a non-profit corporation formed to solicit funds from the community to provide incentives for partici- pants in a local Drug Court. Md. Ad. Op. 2005- 11. A judge shall not be a director or officer of an organization if it is likely that the organization will be engaged regularly in adversary proceed- ings in any court. Md. Ad. Op. 2008-05. A judge may not serve on the board of a mental health organization whose representa- tives frequently appear in the judge’s court. Utah Ad. Op. 07-04. Judge may participate in a nationally re- nowned non-profit musical education and per- formance organization. Utah. Ad. Op. 97-3. Part-time traffic referee may not practice criminal law. The referee also may not practice law at the court or courts which the referee serves. The judges of the district must enter disqualification in all cases in which the referee appears as counsel. Utah Ad. Op. 07-02.