SCR 60.05

(1) Extra-judicial Activities in General. A judge shall conduct

all of the judge's extra-judicial activities so that they do none of the

following:

(a) Cast reasonable doubt on the judge's capacity to act

impartially as a judge.

(b) Demean the judicial office.

(c) Interfere with the proper performance of judicial duties.

COMMENT

Complete separation of a judge from extra-judicial activities is neither possible nor wise; a

judge should not become isolated from the community in which the judge lives.

Expressions of bias or prejudice by a judge, even outside the judge's judicial activities, may

cast reasonable doubt on the judge's capacity to act impartially as a judge. See SCR 60.03 (1) and

(3).

(2) Avocational Activities. A judge may speak, write, lecture,

teach and participate in other extra-judicial activities concerning the

law, the legal system, the administration of justice and nonlegal

subjects, subject to the requirements of this chapter.

COMMENT

As a judicial officer and person specially learned in the law, a judge is in a unique position

to contribute to the improvement of the law, the legal system, and the administration of justice,

including revision of substantive and procedural law and improvement of criminal and juvenile

justice. To the extent that time permits, a judge is encouraged to do so, either independently or

through a bar association, judicial conference or other organization dedicated to the improvement of

the law. Judges may participate in efforts to promote the fair administration of justice, the

independence of the judiciary and the integrity of the legal profession and may express opposition to

the persecution of lawyers and judges in other countries because of their professional activities.

In this and other subsections of SCR 60.05, the phrase "subject to the requirements of this

chapter" is used, notably in connection with a judge's governmental, civic or charitable activities.

This phrase is included to remind judges that the use of permissive language in various provisions of

the chapter does not relieve a judge from the other requirements of the chapter that apply to the

specific conduct.

(3) Governmental, Civic or Charitable Activities.

(a) A judge may not appear at a public hearing before, or

otherwise consult with, an executive or legislative body or official

except on matters concerning the law, the legal system or the

administration of justice or except when acting pro se in a matter

involving the judge or the judge's interests.

COMMENT

See SCR 60.03 (2) regarding the obligation to avoid improper influence.

As provided in SCR 60.07(2), sub. (3)(a) does not apply to a judge serving on a part-time

basis.

(b) A judge may not accept appointment to a governmental

committee or commission or other governmental position that is

concerned with issues of fact or policy on matters other than the

improvement of the law, the legal system or the administration of

justice. A judge may represent a country, state or locality on ceremonial

occasions or in connection with historical, educational or cultural

activities and may serve on a governmental or private committee,

commission or board concerned with historical, educational or cultural

activities. A judge may serve in any branch of military reserves and be

called to duty in the active military.

COMMENT

A judge is prohibited from accepting any governmental position except one relating to the

law, legal system or administration of justice as authorized by par. (c). The appropriateness of

accepting extra-judicial assignments must be assessed in light of the demands on judicial resources

created by crowded dockets and the need to protect the courts from involvement in extra-judicial

matters that may prove to be controversial. Judges should not accept governmental appointments

that are likely to interfere with the effectiveness and independence of the judiciary.

This provision does not govern a judge's service in a non-governmental position. See par.

(c) permitting service by a judge with organizations devoted to the improvement of the law, the legal

system or the administration of justice and with educational, religious, charitable, fraternal or civic

organizations not conducted for profit. For example, service on the board of a public educational

institution, unless it were a law school, would be prohibited, but service on the board of a public law

school or any private educational institution would generally be permitted under par. (c).

As provided in SCR 60.07(2), sub. (3)(b) does not apply to a judge serving on a part-time

basis.

(c) A judge may serve as an officer, director, trustee or nonlegal

advisor of an organization or governmental agency devoted to the

improvement of the law, the legal system or the administration of justice

or of a nonprofit educational, religious, charitable, fraternal, sororal or

civic organization, subject to the following limitations and the other

requirements of this chapter:

COMMENT

This provision does not apply to a judge's service in a governmental position unconnected

with the improvement of the law, the legal system or the administration of justice; see par. (b).

See Comment to SCR 60.05 (2) regarding use of the phrase "subject to the following

limitations and the other requirements of this chapter." As an example of the meaning of the phrase,

a judge permitted by this provision to serve on the board of a fraternal institution may be prohibited

from such service by SCR 60.03 (1) or (3) or 60.05 (1) if the institution practices invidious

discrimination or if service on the board otherwise casts reasonable doubt on the judge's capacity to

act impartially as a judge.

Service by a judge on behalf of a civic or charitable organization may be governed by other

provisions of SCR 60.05 in addition to sub. (3). For example, a judge is prohibited by sub. (7) from

serving as a legal advisor to a civic or charitable organization.

1. A judge may not serve as an officer, director, trustee or

nonlegal advisor if it is likely that the organization will do any of the

following:

a. Engage in proceedings that would ordinarily come before the

judge.

b. Engage frequently in adversary proceedings in the court of

which the judge is a member or in any court subject to the appellate

jurisdiction of the court of which the judge is a member.

COMMENT

The changing nature of some organizations and of their relationship to the law makes it

necessary for a judge to regularly re-examine the activities of each organization with which the judge

is affiliated to determine if it is proper for the judge to continue the affiliation. For example, in many

jurisdictions charitable hospitals are now more frequently in court than in the past. Similarly, the

boards of some legal aid organizations now make policy decisions that may have political

significance or imply commitment to causes that may come before the courts for adjudication.

As provided in SCR 60.07(2), par. (c) 1.b. does not apply to a judge serving on a part-time

basis.

2. A judge, in any capacity:

a. May assist the organization in planning fund-raising activities

and may participate in the management and investment of the

organization's funds but may not personally participate in the

solicitation of funds or other fund-raising activities, except that a judge

may solicit funds from other judges over whom the judge does not

exercise supervisory or appellate authority;

COMMENT

As provided in SCR 60.07(2), par. (c) 2.a. does not apply to a judge serving on a part-time

basis.

b. May make recommendations to public and private fund-

granting organizations on projects and programs concerning the law, the

legal system or the administration of justice;

c. May not personally participate in membership solicitation if

the solicitation reasonably may be perceived as coercive or, except as

permitted in subd. 2.a, if the membership solicitation is essentially a

fund-raising mechanism; and

COMMENT

As provided in SCR 60.07(2), par. (c) 2.c. does not apply to a judge serving on a part-time

basis.

d. May not use or permit the use of the prestige of judicial office

for fund raising or membership solicitation.

COMMENT

A judge may solicit membership or endorse or encourage membership efforts for an

organization devoted to the improvement of the law, the legal system or the administration of justice

or a nonprofit educational, religious, charitable, fraternal or civic organization as long as the

solicitation cannot reasonably be perceived as coercive and is not essentially a fund-raising

mechanism. Solicitation of funds for an organization and solicitation of memberships similarly

involve the danger that the person solicited will feel obligated to respond favorably to the solicitor if

the solicitor is in a position of influence or control. A judge must not engage in direct, individual

solicitation of funds or memberships in person, in writing or by telephone except in the following

cases: 1) a judge may solicit for funds or memberships other judges over whom the judge does not

exercise supervisory or appellate authority, 2) a judge may solicit other persons for membership in

the organizations described above if neither those persons nor persons with whom they are affiliated

are likely ever to appear before the court on which the judge serves, and 3) a judge who is an officer

of such an organization may send a general membership solicitation mailing over the judge's

signature.

SCR 60.05 should not be read as proscribing participation in de minimis fund-raising

activities so long as a judge is careful to avoid using the prestige of the office in the activity. Thus,

e.g., a judge may pass the collection basket during services at church, may ask friends and neighbors

to buy tickets to a pancake breakfast for a local neighborhood center and may cook the pancakes at

the event but may not personally ask attorneys and others who are likely to appear before the judge

to buy tickets to it. Similarly, SCR 60.05 should not be read to prohibit judges from soliciting

memberships for religious purposes, but judges must nevertheless avoid using the prestige of the

office for the purpose of such solicitation.

Use of an organization letterhead for fund raising or membership solicitation does not

violate subd. 2 provided the letterhead lists only the judge's name and office or other position in the

organization and, if comparable designations are listed for other persons, the judge's judicial

designation. In addition, a judge must make reasonable efforts to ensure that the judge's staff, court

officials and others subject to the judge's direction and control do not solicit funds on the judge's

behalf for any purpose, charitable or otherwise.

A judge may be a speaker or guest of honor at an organization's fund-raising event provided

there is no advertising of the judge as speaker or guest of honor in order to encourage people to

attend and make contributions and provided that any contributions at the event are made prior to the

judge's speech or presentation as guest of honor. A judge's attendance at such event is permissible if

otherwise consistent with this chapter.

(4) Financial Activities.

(a) 1. A judge may not engage in financial or business dealings

that could meet any of the following conditions:

a. Reasonably be perceived to exploit the judge's judicial

position.

b. Involve the judge in frequent transactions or continuing

business relationships with those lawyers or other persons likely to

come before the court on which the judge serves.

COMMENT

As provided in SCR 60.07(2), sub. (4)(a)1.b. does not apply to a judge serving on a part-time basis.

2. A judge shall comply with sub. (4)(a)1 as soon as reasonably

possible and, in any event, within one year of the applicability of this

chapter to the judge.

COMMENT

When a judge acquires in a judicial capacity information, such as material contained in

filings with the court, that is not yet generally known, the judge must not use the information for

private gain. See SCR 60.03 (2) and 60.04 (1) (m).

A judge must avoid financial and business dealings that involve the judge in frequent

transactions or continuing business relationships with persons likely to come either before the judge

personally or before other judges on the judge's court. In addition, a judge should discourage

members of the judge's family from engaging in dealings that would reasonably appear to exploit the

judge's judicial position. This rule is necessary to avoid creating an appearance of exploitation of

office or favoritism and to minimize the potential for recusal or disqualification. With respect to

affiliation of relatives of a judge with law firms appearing before the judge, see Comment to SCR

60.04 (4) relating to recusal.

Participation by a judge in financial and business dealings is subject to the general

prohibitions in SCR 60.05 (1) against activities that tend to reflect adversely on impartiality, demean

the judicial office, or interfere with the proper performance of judicial duties. Such participation is

also subject to the general prohibition in SCR 60.03 against activities involving impropriety or the

appearance of impropriety and the prohibition in SCR 60.03 (2) against the misuse of the prestige of

judicial office. In addition, a judge must maintain high standards of conduct in all of the judge's

activities, as set forth in SCR 60.02. See Comment to SCR 60.05 (2) regarding use of the phrase

"subject to the requirements of this chapter."

If engaged in a financial or business activity at the time this chapter becomes applicable to

the judge, a judge may continue to do so for a reasonable period not to exceed one year.

(b) A judge may, subject to the requirements of this chapter, hold

and manage investments of the judge and members of the judge's

family, including real estate, and engage in other remunerative activity.

COMMENT

Subject to the requirements of this chapter, a judge may hold and manage investments

owned solely by the judge, investments owned solely by a member or members of the judge's family,

and investments owned jointly by the judge and members of the judge's family.

As provided in SCR 60.07(2), sub. (4)(b) does not apply to a judge serving on a part-time

basis.

(c) 1. Except as provided in par. 2, a judge may serve as an

officer, director, manager, general partner, advisor or employee of a

business entity if that service does not conflict with the judge's judicial

duties, create the appearance of impropriety, or otherwise violate any

provision of this chapter.

2. A judge may not serve as an officer, director, manager,

general partner, advisor or employee of any business entity affected

with a public interest, including a financial institution, insurance

company, and public utility, and may not participate in or permit the

judge's name to be used in connection with any business venture or

commercial advertising that indicates the judge's title or affiliation with

the judiciary or otherwise lends the power or prestige of office to

promote a business or commercial venture.

COMMENT

A judge may participate in a business not affected with a public interest if that participation

does not conflict with the judge's judicial duties, create the appearance of impropriety, or violate any

other provision of this Code. For example, a judge may be prohibited from participation if the

business entity frequently appears before a court in the jurisdiction in which the judge serves or the

participation requires significant time away from judicial duties. Similarly, a judge must avoid

participation if the judge's participation would involve misuse of the prestige of office.

As provided in SCR 60.07(2), sub. (4)(c) does not apply to a judge serving on a part-time

basis.

(d) A judge shall manage the judge's investments and other

financial interests so as to minimize the number of cases in which the

judge's recusal or disqualification is required. As soon as the judge can

do so without serious financial detriment, the judge shall divest himself

or herself of investments and other financial interests that might require

frequent disqualification.

COMMENT

As provided in SCR 60.07(2), sub. (4)(d) does not apply to a judge serving on a part-time

basis.

(e) A judge may not accept, and shall urge members of the

judge's family residing in the judge's household not to accept, a gift,

favor or loan from anyone except for the following:

COMMENT

Sub. (4) (e) does not apply to contributions to a judge's campaign for judicial office.

Because a gift, favor or loan to a member of the judge's family residing in the judge's

household might be viewed as intended to influence the judge, a judge must inform those family

members of the relevant ethical constraints upon the judge in this regard and discourage those family

members from violating them. A judge cannot, however, reasonably be expected to know or control

all of the financial or business activities of all family members residing in the judge's household.

As provided in SCR 60.07(2), sub. (4)(e) does not apply to a judge serving on a part-time

basis.

1. A gift incident to a public testimonial, books, tapes and other

resource materials supplied by publishers on a complimentary basis for

official use, or an invitation to the judge and the judge's spouse or guest

to attend a bar-related function or an activity devoted to the

improvement of the law, the legal system or the administration of

justice.

COMMENT

Acceptance of an invitation to a law-related function is governed by sub. (4) (e) 1;

acceptance of an invitation paid for by an individual lawyer or group of lawyers is governed by sub.

(4) (e) 10.

A judge may accept a public testimonial or a gift incident thereto only if the donor

organization is not an organization whose members comprise or frequently represent the same side in

litigation, and the testimonial and gift are otherwise in compliance with other provisions of this

chapter. See SCR 60.05 (1) (a) and 60.03 (2).

2. A gift, award or benefit incident to the business, profession or

other separate activity of a spouse or other family member of a judge

residing in the judge's household, including gifts, awards and benefits

for the use of both the spouse or other family member and the judge,

provided the gift, award or benefit could not reasonably be perceived as

intended to influence the judge in the performance of judicial duties.

3. Ordinary social hospitality.

4. A gift from a relative.

5. A gift from a friend for a special occasion, such as a wedding,

anniversary or birthday, if the gift is fairly commensurate with the

occasion and the relationship.

COMMENT

A gift to a judge, or to a member of the judge's family living in the judge's household, that

is excessive in value raises questions about the judge's impartiality and the integrity of the judicial

office and might require recusal or disqualification of the judge where recusal or disqualification

would not otherwise be required. See, however, par. (e) 5.

6. Anything of value if the activity or occasion for which it is

given is unrelated to the judge's use of the state's time, facilities, services

or supplies not generally available to all citizens of this state and the

judge can show by clear and convincing evidence that it was unrelated

to and did not arise from the judge's holding or having held a public

office.

7. A gift, favor or loan from a relative or close personal friend

whose appearance or interest in a case would in any event require

recusal under SCR 60.04(4).

8. A loan from a lending institution in its regular course of

business on the same terms generally available to persons who are not

judges.

9. A scholarship or fellowship awarded on the same terms and

based on the same criteria applied to other applicants.

10. Any other gift, favor or loan, only if the donor is not a party

or other person who has come or is likely to come or whose interests

have come or are likely to come before the judge.

COMMENT

Unless authorized by other provisions of sub. (4) (e), sub. (4)(e) 10 prohibits judges from

accepting gifts, favors or loans from lawyers or their firms if they have come or are likely to come

before the judge; it also prohibits gifts, favors or loans from clients of lawyers or their firms when the

clients' interests have come or are likely to come before the judge. See sec. 19.43 et seq., Stats.

(5) Fiduciary Activities.

(a) A judge may not serve as executor, administrator or other

personal representative, trustee, guardian, attorney-in-fact or other

fiduciary, except for the estate, trust or person of a member of the

judge's family, and then only if such service will not interfere with the

proper performance of his or her judicial duties.

(b) A judge may not serve as a fiduciary if it is likely that the

judge as a fiduciary will be engaged in proceedings that would

ordinarily come before the judge or if the estate, trust or ward becomes

involved in adversary proceedings in the court on which the judge

serves or one under its appellate jurisdiction.

(c) The same restrictions on financial activities that apply to a

judge personally also apply to the judge while acting in a fiduciary

capacity.

(d) A judge shall comply with pars. (a) and (b) as soon as

reasonably possible and, in any event, within one year of the

applicability of this chapter to the judge.

COMMENT

A judge who is a fiduciary at the time this chapter becomes effective for the estate or person

of one who is not a member of the judge's family may continue to act as such if the demands on his

or her time and the possibility of a conflict of interest are not substantial and for the period of time

necessary to avoid serious adverse consequences to the beneficiary of the fiduciary relationship but

in no event longer than one year.

The restrictions imposed by SCR 60.05 may conflict with the judge's obligation as a

fiduciary. For example, a judge should resign as trustee if detriment to the trust would result from

divestiture of holdings the retention of which would place the judge in violation of sub. (4) (d).

As provided in SCR 60.07(2), sub. (5) does not apply to a judge serving on a part-time

basis.

(6) Service as Arbitrator or Mediator. A judge may not act as an

arbitrator or mediator or otherwise perform judicial functions in a

private capacity unless expressly authorized by law.

COMMENT

Paragraph (6) does not prohibit a judge from participating in arbitration, mediation or

settlement conference performed as part of judicial duties.

As provided in SCR 60.07(2), sub. (6) does not apply to a judge serving on a part-time

basis.

(7) Practice of Law. A judge may not practice law.

Notwithstanding this prohibition, a judge may act pro se and may,

without compensation, give legal advice to and draft or review

documents for a member of the judge's family and represent without

compensation the estate of a person with whom the judge maintains a

close familial relationship so long as the estate remains uncontested.

COMMENT

This prohibition refers to the practice of law in a representative capacity and not in a pro se

capacity. A judge may act for himself or herself in all legal matters, including matters involving

litigation and matters involving appearances before or other dealings with legislative and other

governmental bodies. However, in so doing, a judge must not abuse the prestige of office to advance

the interests of the judge or judge's family. See SCR 60.03 (2).

The chapter allows a judge to give legal advice to and draft legal documents for members of

the judge's family, so long as the judge receives no compensation. A judge must not, however, act as

an advocate for a member of the judge's family in a legal matter.

The restraint against a judge giving advice to parties in matters before the judge does not

prohibit a judge from advising such parties to obtain lawyers or medical treatment and from advising

such parties on similar matters unrelated to the merits of the matter before the judge.

As provided in SCR 60.07(2), sub. (7) does not apply to a judge serving on a part-time

basis.

(8) Compensation, Reimbursement and Reporting.

(a) Compensation and Reimbursement. A judge may receive

compensation and reimbursement of expenses for the extra-judicial

activities permitted by this chapter if the source of such payments does

not give the appearance of influencing the judge's performance of

judicial duties or otherwise give the appearance of impropriety.

1. Compensation may not exceed a reasonable amount nor may

the compensation exceed what a person who is not a judge would

receive for the same activity.

2. Expense reimbursement shall be limited to the actual cost of

travel, food and lodging reasonably incurred by the judge and, where

appropriate to the occasion, by the judge's spouse or guest. Any

payment in excess of that amount is compensation.

(b) Financial reports. Except as provided in SCR 60.07, a judge

shall file with the ethics commission a timely financial report as

required by section 19.43 of the statutes.