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March
19, 2001
The Honorable
Xollie Duncan
Chancery and Probate Judge
Benton County Courthouse, Room 309
Bentonville, Arkansas 72712
Re: JEAC
Opinion No. 2001-01
Dear Judge
Duncan:
You wrote
that you have been nominated to the Board of Advisors for Legal
Assistants at the Northwest Arkansas Community College. You
have stated that this is an unpaid position; that it does not
involve the rendering of any legal opinions and that the principal
duties of the board are to assist in the selection of curriculum,
course material and teaching staff. You stated that you have
advised the College that you would be seeking our opinion prior
to accepting this position
Service
by a judge in connection with educational institutions is mentioned
several times in the Code of Judicial Conduct. In the "Terminology"
section subparagraph (ii) under the definition of "Economic
interest" it states that service by a judge as an officer,
director, advisor or other active participation in an educational
organization does not create an "Economic interest."
Canon 4 B states, "A judge may speak, write, lecture, teach
on and participate in other extra judicial activities concerning
the law, the legal system, the administration of justice and
non-legal subjects, subject to the requirements of this Code."
(Emphasis supplied) The Comments under this section state in
part, " 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."
We understand
that the College is a State institution but since your service
on the Board of Advisors is in connection with the improvement
of the legal system we do not believe that this would violate
Canon 4 C (2). Canon 4 C (3) states, "A judge may serve
as an officer, director, trustee or non-legal advisor of an
organization or governmental agency devoted to the improvement
of the law, the legal system or the administration of justice
or of an educational, religious, charitable, fraternal or civic
organization not conducted for profit..." subject to the
other requirements of the Code and certain limitations that
do not apply here.
"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." (Commentary to Canon
4 A) We are of the opinion that your service on the board as
described in your letter will not violate the Code of Judicial
Conduct so long as you conduct this and all of your extra-judicial
activities so that they do not: (1) cause reasonable doubt on
your capacity to act impartially as a judge; (2) demean your
judicial office; or (3) interfere with the proper performance
of your judicial duties. (Canon 4 A)
Sincerely,
Edwin Alderson
For the Committee
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