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July
16, 2001
Dennis L. James, President
Arkansas Municipal Judges Council, Inc.
519 East Capitol, Suite 2-West
Little Rock, AR 72202
Re: Advisory
Opinion Number 2001-03
Dear Judge
James:
As president
of the Arkansas Municipal Judges Council, you have asked this
committee whether representatives of the council may contact
committees of the Arkansas Supreme Court and of the Arkansas
Bar Association, as well as members of the Arkansas General
Assembly, concerning the proposed plan of implementation of
Amendment 80. The plan is presently being prepared by the Municipal
Judges Council to restructure limited jurisdiction courts, renamed
"District Courts" as of July 1, 2001. You anticipate
that committees of the Supreme Court and Bar Association will
review, analyze, and possibly amend parts of the plan for submission
to the General Assembly of 2002.
You tell
us that municipal judges have, at the request of each committee,
taken an active role in drafting this plan; that municipal judges
deal daily with the system being redefined and will be significantly
engaged in the debate, work and research on the plan. You contemplate
that judges will speak with and write to legislators and members
of the committees regarding the merits and efficacy of the proposed
plan.
Specifically,
you ask whether written or oral contacts by municipal judges
in this undertaking is permissible and whether it is proper
for judges to use the letterhead of their office in written
communication.
Assuming
that your contacts and discourse with the committees and legislators
relate to the implementation of Amendment 80 as it pertains
to municipal courts and judges, in the opinion of this committee,
such contacts, direct or in writing would come within the purview
of Canon 4 of the Arkansas Code of Judicial Conduct. Canon 4
(B) provides:
B. Avocational
Activities. 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 requirement of this Code.
Commentary:
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.
As to the
use of your official letterhead, we can conceive of no reason
why such method would be inappropriate.
Yours very
truly,
Steele Hays
For the Committee
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