NEWLY ELECTED DISTRICT JUDGE "WINDING
DOWN"
OBLIGATIONS AS EX COUNTY JUDGE
DISTRICT JUDGE ON CRIMINAL JUSTICE
POLICY COMMITTEE
Opinion No. 188 (1996)
QUESTION:
(A) May a newly appointed district judge "wind down" his service on the North
Central Texas Council of Governments by attending three meetings in his capacity as
immediate past president? Similarly may he attend two meetings remaining during his term
as the Texas representative on the board of the National Association of Regional Councils
of Government?
(B) Additionally, this district judge asks if he can sit on the Criminal Justice Policy
Committee of the local Council of Governments, a committee which deals exclusively with
criminal justice and juvenile and juvenile justice policy issues.
ANSWER:
(A) No. Canon 4H prohibits judges from
accepting appointment to a governmental committee 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. There is no provision for "winding down" a previous
appointment; if it is improper to accept such an appointment, it is improper to continue
such an appointment after assuming the bench.
(B) Yes. Service on a local council of governments committee concerned exclusively with
criminal justice and juvenile justice policy issues is permitted by the language of Canon
4H allowing judges to accept appointment to governmental committees concerned only with
issues of fact or policy involving the improvement of the law, the legal system, or the
administration of justice. However, service on such a committee must comply with Canon
4A's admonition that the activities not interfere with judge's proper performance of
judicial duties and not cast reasonable doubt on his capacity to act impartially as a
judge.