[cover title:] ANNOTATED GUIDELINES FOR EXTRAJUDICIAL ACTIVITIES
MAY 2004
ANNOTATED THROUGH OPINION NO. 22-03
SUPREME COURT OF NEW JERSEY
ADVISORY COMMITTEE ON EXTRAJUDICIAL ACTIVITIES
[Rule 1:18A]
ANNOTATED
5/04
NOTE: The Guidelines for Extrajudicial Activities adopted by the New Jersey Supreme Court June 23,1987 to be effective immediately; Guidelines IIIA, IIIB, IIIC, IIIE, VD, VIB amended and a new Guideline XI added January 30, 1995 to be effective immediately; Guideline IIIA3b, IIIA5a, IIIE3b, IVC and IVD amended December 12,1996 to be effective immediately; Guideline IIIA amended and a new subparagraph IIIA.6. added March 29,1999 to be effective immediately.
A. These guidelines are intended to implement the Code of Judicial Conduct.
B. The guidelines apply to part-time judges to the extent that they are required to comply with the Code of Judicial Conduct.
C. The guidelines do not apply to retired judges recalled to judicial service except to the extent that they are required to comply with the Code of Judicial Conduct.
* The annotations to this guideline are matters governed by general provisions in the Canons for which there are no specific guidelines.
A. Since under Canon 3 of the Code of Judicial Conduct, "[t]he judicial duties of a judge take precedence over all [his or her] other activities," extrajudicial activities, whether law-related or not, must not encroach upon or conflict with those duties. Care must be taken that outside interests are not so extensive as to impair one's ability to perform properly the judicial function.
1. Participation in activities, not law-related, shall not ordinarily occur during times normally allocated to the performance of judicial functions, and then only with permission.
2. Court personnel should not be called upon to assist a judge in the performance of any non-law-related extrajudicial activity.
3. If participating in or preparation for a law-related activity should require some use of court time, permission should first be obtained from the designated approving authority upon a showing that the infringement upon judicial duties will not be significant and will be outweighed by the benefits to be derived from the activity.
B. Judges must always guard against the appearance of bias or partiality or the perception of prejudgment of issues likely to come before them.
C. In light of the injunction in Canon 2 of the Code to "avoid impropriety or the appearance of impropriety," judges must not risk:
1. subjecting themselves to improper influences or the appearance of being so subjected; or,
2. participating in activities of such nature or allowing themselves to be used in such manner as to impair the dignity and esteem in which the court should be held.
D. By reason of the constitutional restriction against other "gainful pursuits," reflected in Canon 6 of the Code, judges may not be compensated for any extrajudicial activity, except that they may receive reimbursement for such expenses as are allowed in Canon 6.
E. In any case where prior approval must be obtained for an extrajudicial activity, the approving authority is:
1. The assignment judge of the vicinage, for judges of the trial divisions and parts thereof;
2. The Presiding Judge of the Tax Court, for judges of that court;
3. The Presiding Judge for Administration, for judges of the Appellate Division;
4. The Supreme Court, in the case of Justices of that Court or an Assignment Judge or the above Presiding Judges, or where expressly required by the Code, Court Rule, these guidelines or other established policy.
17-88. A judge may be interviewed by Modern Maturity magazine for a feature article on vital women engaged in serious and interesting work. Although the magazine carries advertising it is the non-commercial publication of the American Association of Retired People.
15-89. A judge may attend, all expenses paid, a symposium and conference designed for judges with three or more Johns-Manville asbestos cases to explore issues and strategies of their management. The symposium was sponsored by the National Judicial College and funded by both sides of the litigation.
20-89. A judge may not under Canon 4D submit a letter in support of an application for a certificate of need for an Adult Alcohol/Drug Detox Unit at a particular hospital, but could in an appropriate situation make known a general need for more detoxification units.
21 -89. Pursuant to Canon 4D a judge may properly write to the IOLTA Fund of the Bar of New Jersey at the request of the Board of Trustees of the county Legal Aid Association in support of the Association's funding application because the factual basis of need is uniquely within the knowledge of the courts.
25-89. A judge may not under Canon 4D serve on a citizens' task force seeking a grant from a foundation for a particular agency used by the court regularly providing mediation services to the court.
26-90. A county municipal court judges' association may not invite the chiefs of police to their annual holiday dinner as their invited guests.
29-90. A judge may sponsor a law clerk for admission to practice before the Federal 3rd Circuit. 42-90. A judge may be the guest of a local bar association at its dinner show which is not a fundraiser.
60-90. A judge may not be interviewed for New Jersey Stylemakers magazine. This magazine is primarily a vehicle for commercial advertising and the interview would be subordinate to that purpose.
62-90. A municipal court judge may not sit as outside hearing officer in Civil Service hearing for insubordination and incompetence against the Court Clerk of another municipality.
69-90. A judge may be one of the subjects of a "McCall's Makeover" article featuring professional women, in McCall's magazine. Although advertising is carried the publication is informational in nature.
5-91.
Issue 1 - A municipal court judge may not appear in TV commercial for Shredded Wheat.
Issue 2 - A municipal court judge whose avocation is body building may not present trophy at body building
contest at commercial gym.
24-91. Pursuant to Canon 4D, a judge may write letter of endorsement to Department of Human Services in support of application for grant to County Youth Services. County Youth Services is a public entity upon which the court uniquely depends. It has no competition. Only a judge knows the court's need.
45-91. A municipal court Judge may write a letter for an attorney for admission on reciprocity to the bar in Wyoming and Montana. The Montana bar requires letters from two judges.
5-92. A judge may serve on her law school class 1Oth anniversary reunion committee to plan a dinner dance for which tickets will be sold. No fundraising is involved.
21-92. A municipal court judge may be among those featured in an article in EBONY MAGAZINE on fathers and sons. Although advertising is carried the publication is informational in nature.
39-92. Assignment Judge may serve on County Bar Association committee for dinner to honor retirement of Appellate Division Judge who had served previously as Assignment Judge of the vicinage.
54-92(a). A municipal court judge may attend League of Municipalities convention.
55-92. Judge may attend and be recognized at a Trial Attorneys of New Jersey (TANJ) Silver Anniversary banquet for his contributions to TANJ and stand up for recognition along with all other past presidents.
62-92. It is not proper for municipal court judges and court employees to attend a holiday party hosted by a law firm.
6-93. A municipal court judge may send a letter thanking Council members for appointing him to his position.
17-93. Judges may not attend ATLA (American Trial Lawyers Association) Boardwalk Seminar without paying.
24-93. Judge may not submit nominations for Young Lawyer of the Year Award in response to request for nominations by the Annual Awards Committee of the Young Lawyers Division of the New Jersey State Bar Association.
35-93. An attorney may continue as proctor for an impaired attorney after becoming part-time municipal court judge.
55-93. Municipal court judge may not purchase tax sales certificates in the municipality where he sits.
57-93. Superior Court judge may not be interviewed by author who is writing book on a high profile capital murder case tried by the judge. The author sought to inquire about the judge's background and general approach to his work, his objectives on beginning a trial, and how he feels about the judicial system and his place in it.
3-94. Judge who teaches a night course in Federal Taxation may use the university's computer data service, which is available to all adjunct faculty, to obtain Internal Revenue code regulations, rulings, and decisions, etc. for course.
18-94. Judge may permit her biographical material to be included on display on Cape May County "first women" at the Wildwood Historical Museum.
71-94. Superior Court judge may not assist a police department in developing a training video for their officers concerning requirements under the Domestic Violence Statute.
6-95. Superior Court judge may not speak at a Board of Adjustment meeting in support of a variance on property adjacent to property on which he resides.
19-95. Municipal court judge may not represent Police Vest Fund of the Greater Pascack Valley, Inc., a corporation for the purpose of providing bulletproof vests for all police officers in the greater Pascack Valley region.
42-96 Superior Court judges may play the lottery and collect if they win. (Canon 2)
43-97. Tax Court judge may not serve on a committee representing the interests of the rabbi of the judge's synagogue in negotiating terms relating to his retirement.
25-99. Municipal court judge may:
1. Have his picture hung in another municipal court of which he is a former judge along with other former judges.
2. Attend ceremony for the picture at which mayor will speak;
3. Attend reception after picture hanging at which mayor or other counsel members may be invited;
4. When new judges are sworn in in the court where he now sits the mayor may be invited to speak. Item 4 is under Political Activity.
1-00. Superior Court judge may swear in the officers for the Coalition of 100 Black Women, Inc. The coalition is a non-profit, non-political organization whose purpose is to improve the quality of life for the community, serve as a vehicle to mentor high schools students, hold annual health forum to educate about medical concerns unique to the community, and other informational seminars and forums.
6-00. Superior Court judge may co-host a law school alumni reception which is an informational get-together on recent developments at the law school and is not a fundraiser.
7-00. Superior Court judge as a private home owner may appear before a planning board hearing as a witness to a drainage problem against a proposed major subdivision within 200 feet of his property.
3-01. Superior Court judge may not accept a check from the county Bar Association in her honor which would go toward the cost of her swearing-in reception. Code of Judicial Conduct Canon 5D(4)
5-01. Superior Court judge may serve on the Board of Our Children's Foundation of New Jersey, Inc. This opinion is limited to its specific facts that the effort is an outgrowth of the Minority Concerns Committee.
10-01. Superior Court judge may not use a courtroom to conduct an observance of the National Day of Prayer. Judges may, of course, in their private capacity, freely engage in the exercise of their religions. However, the judge in the courtroom is not acting in a private capacity and would therefore create the impression in the public mind that the Judiciary was not impartial with respect to issues involving religion that come before the court. If the national day of prayer observance were conducted outside the courthouse, on the steps or on the sidewalk, the judge would still be within the sphere of the courtroom and appearing to act in his official capacity.
12-01. Superior Court judge may not attend a graduation party given by the families of three graduating high school seniors, including his daughter, at the home of one of the other seniors, if a man who recently plead guilty to insurance fraud in the county will also be in attendance. Canons 1 and 2 of the Code of Judicial Conduct.
14-01. Superior Court judge should not host the monthly county bar association meeting at his shore home. Lawyers could feel compelled to attend for fear of offending the judge.
36-01. Judges are permitted to complete a questionnaire for the American Bench to update information on it. However, they are not under any obligation to do so. They should not complete the part which asks for A Personal Statement or Quote" or "share a favorite quotation or a philosophy; give advice to attorneys who practice in your courtroom." Completing that section could create a perception that the judge has a predisposition regarding a particular area.
4-02. Superior Court judge, newly confirmed, may not accept a retirement gift from his law firm in the form of a trip with a value of approximately $5,000. He may only accept the gift if he takes the trip before confirmation.
25-02. Superior Court judges may not address members of the bar in the county's civil presiding judge's courtroom during the first civil calendar call and urge the bar members to participate in the Trial Lawyers Care Program (TLC), which provides pro bono legal assistance to the victims and families of the September 11, 2001 terrorist bombings. Further, judges may not prepare a letter for the presiding judge to read to the bar members sitting in the judge's courtroom during the first civil calendar call to urge the bar members to participate in the TLC program. The presiding judge may not urge the members of the bar sitting in his courtroom during the first civil calendar call to participate in the program. The judges assisting this program could be construed as expressing a preference for a specific charity and it is impermissible for judges to use the courtroom for that purpose.
1. Because their position and experience enables judges to contribute positively to the improvement of the law, the legal system and the administration of justice, on appropriate occasions and before appropriate audiences, and subject to the general guidelines, judges are encouraged to accept invitations to speak, lecture, appear as a panel member or moderator of a panel discussion on topics related to the law, or preside over a mock trial. Additionally, on appropriate occasions and before appropriate audiences, and subject to the general guidelines, judges, including full- and part-time municipal court judges, may otherwise participate in or attend law related events; provided, however, that participation in television or radio programs is subject to the restrictions contained in subparagraph 6.
2. In determining whether engaging in any of the foregoing activities might be improper or create the appearance of impropriety, a judge should ascertain and carefully consider:
a. the nature of the sponsoring organization, including whatever interest it may represent, and whether participation may tend to identify the judge with the aim or purpose of the organization;
b. the nature of the audience;
c. the purpose of the occasion; (if fundraising is involved see Guideline V)
d. the charge, if any, for admission.
3. To avoid any impropriety or appearance of impropriety or perception of partiality:
a. A judge shall not engage in any of the foregoing activities, or participate in television or radio programs (subject to the restrictions contained in subparagraph 6), if the activity is political in nature or if it is likely that:
(1) the sponsoring organization may be expected to appear in court;
(2) persons may be seeking to use the prestige of the judicial office to advance the private interests of themselves or others;
(3) the judge's presence at the occasion might convey or permit others to convey the impression that the sponsor or anyone else present is in a special position to influence the judge;
(4) the judge would be educating or perceived to be educating a special interest audience to the disadvantage of any other group;
(5) the judge might be perceived as advocating or being identified with a particular position on a political or controversial issue.
b. Additionally, with respect to a limited membership association of lawyers as defined in Guideline IIIE3, judges shall not engage in any of the foregoing activities unless:
(1) the association's membership, though limited to a type of practice, is all-inclusive; e.g., American Academy of Matrimonial Lawyers; or is based upon gender, race, or national or ethnic origin;
(2) in all other cases, the event is open to non-members and is non-partisan and non-political, and will not involve the judge in controversial issues or expose the judge to the perception of bias or partiality.
c. Judges shall not participate in professional seminars or other events sponsored by a profit-making entity unless the event is a public service and the sponsoring organization is closely related to the legal profession, and any fee or other charge for attendance is merely to defray the cost of the event.
4. In lecturing, speaking and other appearances, including participation in television or radio programs, if permitted by subparagraph 6, a judge may:
a. discuss or analyze existing law, its history, and trends but without implication that the judge favors or disfavors the trend;
b. describe the workings of the judicial system or a particular court;
c. discuss the role of a judge;
d. inform the audience generally concerning the proofs necessary to make or defend a case in particular areas of litigation.
5. To preserve the independence and prestige which are indispensable assets in the performance of judicial duty; to preserve respect for and confidence in the judicial office, and to dispel any doubt respecting a judge's capacity to decide impartially any issue pending or likely to come before the judge, a judge, in speaking, lecturing or otherwise, including participation in television or radio programs, if permitted by subparagraph 6, shall not:
a. comment on cases or proceedings pending in any court except to explain what the issues are;
b. express an opinion on any pending legislative reform, except as set forth in Guideline IIID 1;
c. discuss the judge's approach toward the resolution of legal issues;
d. clarify, defend or justify any of the judge's decisions or opinions, or reasoning therein, even in the absence of an appeal;
e. discuss a legal topic from the point of view of any special interest group.
6. Participation by judges, including full- or part-time municipal court judges, in commercial or non-commercial television and radio programs, is subject to the general guidelines; the relevant portions of subparagraphs 1 to 5, inclusive; and the guidelines set forth below. In the determination of circumstances when such participation would be appropriate, the Supreme Court has emphasized that exceptional caution and discretion are essential. (See In re Broadbelt, 146 NJ 501 (1996). This admonition is especially pertinent to television and radio programs that have the potential of reaching a large number of viewers or listeners.
a. In considering whether to participate in television or radio programs, or, in accepting an invitation to participate, a judge, in addition to the guidelines below, shall abide by the relevant provisions of subparagraphs 3a and 5.
b. If a judge accepts an invitation to participate in a television or radio program, whether commercial or non-commercial, involving a case pending in any court, the judge's comment shall be limited to and not go beyond an explanation of what the issue or issues are. In all other appearances, a judge, depending on the subject-matter, may discuss or explain topics such as, for example, are listed in subparagraph 4; or by way of further illustration, the role of municipal court judges in the Judiciary or the advantages or disadvantages of televising court proceedings.
c. Before accepting an invitation to participate in a television or radio program, a judge shall consult with:
(1) In the case of trial divisions and parts thereof, including temporarily assigned Tax Court judges and also full- and part-time municipal court judges, the Assignment Judge of the vicinage;
(2) In the case of judges of the Tax Court, the Presiding Judge of that court;
(3) In the case of judges of the Appellate Division, including those temporarily assigned, the Presiding Judge for Administration;
(4) In the case of Assignment Judges, the Presiding Judge of the Tax Court, and the Presiding Judge for Administration of the Appellate Division, the Chief Justice of the Supreme Court or such Associate Justice as may be designated for that purpose;
(5) In the case of any Justice of the Supreme Court, pursuant to such procedure as that court may establish.
(6) In the case of the Acting Administrative Director of the courts who is also a judge, the Chief Justice of the Supreme Court.
d. Assignment Judges and others charged with responsibility for consulting with judges on the propriety of media appearances are encouraged to request the advice of the Advisory Committee on Extrajudicial Activities.
(Lecturing, Speaking, Appearance as Panel Member, or other attendance at or participation in law-related events)
Formal Opinion 2-88. A judge may not participate in a law school seminar on post-conviction issues in death penalty cases. The subject matter of the seminar was a capital case over which the judge had recently presided. The case in question was then before the Supreme Court on direct appeal. While assured by the judge that any remarks would be within the limitations set out in the canons and guidelines, the committee was of the opinion that the give and take in this type of seminar might expose the judge to the hazard of clarifying, defending or justifying rulings made at the trial, or commenting on the issues. Moreover, the judge's participation might be viewed as educating a special interest group to the disadvantage of any other group because students who wished to do so could submit their work product to the public defender or prosecutors.
Formal Opinion 3-88. An Appellate Division judge may not participate in a bar association symposium the principal subject of which was to be a case then pending before the Supreme Court in which the judge had delivered the opinion of the court. The committee was of the opinion that the judge would be exposed to the hazard of clarifying, defending or justifying the opinion. The opinion should rest on its own footing without further elaboration.
5-88. A judge may not participate at a symposium sponsored and attended only by Public Defenders.
10-88. Tax Court judges may address organizations of appraisers. Appraisers are retained as expert witnesses. They testify for either a municipality or a taxpayer from case to case, and the information they impart is beneficial to both sides.
11-88. Tax Court judges may not address organizations of tax assessors. While technically not parties to tax cases, assessors are part of the executive branch and their assessments are subject to judicial review. Appearances by Tax Court judges would be of assistance to one side of litigation and thus create a perception of partiality.
Formal Opinion 1-89. A judge may not accept a luncheon speaking invitation extended by a law firm. It appears that the primary purpose of the informal gathering would be to have the judge discuss the work of the Appellate Division and the nuances of appellate practice with the younger associates. The judge's participation might be perceived as educating one group of lawyers to the potential disadvantage of another. Speaking or lecturing to young associates of law firms should more appropriately be done in a seminar held, for example, under the auspices of a county bar association.
1-89. A judge may not speak at nor be a panelist for a legal education program on family law sponsored by a profit-making enterprise in the legal education business.
2-89. A judge may swear in the officers of the New Jersey Legal Assistants Association and deliver the keynote speech.
4-89. A municipal court judge may speak at a public Veterans' Day ceremony hosted by the Veterans of Foreign Wars, although the roster of speakers also would include the mayor. The judge would confine his speech to comments on the patriotic nature of the day.
11-89. A judge may not speak at a conference on juvenile auto theft sponsored by a municipal police department because such involvement with a law enforcement group would tend to impair the judge's appearance of impartiality.
12-89. A municipal court judge may participate in the New Jersey State Bar Association's Speakers Bureau to speak on drunk driving laws or other municipal court matters. The judge should, as to each specific engagement, seek advice if there is any question of suitability of the audience.
13-89. Tax Court judges may participate in and serve as instructors for 2-3 day educational programs held for county tax commissioners and administrators, if the instruction is limited to the commissioners' quasi-judicial function, and the judges' participation is limited to a review of Tax Court opinions.
22-89. A judge may speak at an open meeting of the Organization for Marriage and Family Therapy to describe court procedures in domestic violence matters.
23-89. A judge may not serve as panelist in public hearings on domestic violence sponsored by a county commission on women where the open format might require the judge to comment or refuse to comment on issues, and prove embarrassing or damaging to the dignity of the Judiciary.
24-89. A judge may participate as moderator of a program at the League of Municipalities' Convention on the question of the obligation of a municipality to provide services to private communities such as condominiums and cooperatives.
8-90. A judge may speak at the annual meeting of ASPIRA (an organization devoted to raising the educational aspirations of Hispanic youth) concerning the judge's involvement as a youth in the organization. The committee advised that the presence of the mayor did not make this a political event.
19-90. A judge may not serve on the judicial advisory board of, nor on the faculty for, a training project titled "Victim Rights and the Judiciary."
32-90. A judge may lead a class on land use which is part of a program leading to a Diplomate in New Jersey Municipal Law offered jointly by the Institute of Municipal Attorneys, Rutgers University and the ICLE. The judge may discuss cases in which the judge sat subject to the limitations enumerated in the Guidelines.
47-90. A judge may speak at the annual conference of the NJ Chapter of the American Correctional Association (ACA) on the operation and impact of the new juvenile code. The ACA has broad membership related to all aspects of corrections. It is not engaged in political activity or lobbying.
51-90. A judge may appear as keynote speaker for Rutgers University Carr Scholarship awards reception.
57-90. A judge may speak on "linkage fees" at the League of Municipalities convention at the invitation of the NJ Federation of Planning Officials.
76-90. A judge may participate in a continuing education program of a chapter of the New Jersey Society of Certified Public Accountants and discuss procedure and relevant substantive law. The judge should not coach the accountants with respect to court appearances.
4-91. A judge may deliver the lecture on civil practice and procedure to Deputies Attorney General that the judge often gives through the ICLE so long as it is offered also to Public Defenders.
20-91. A judge may participate as panelist in the American Judicature Society's "Sidebar" program open to all law firm summer interns.
33-91. A judge may serve as consultant for a public radio series, "Right to Know," that examines First Amendment and other Constitutional issues for Intercollegiate Broadcasting system, a non-profit consortium. The judge should avoid comment on pending cases and not permit use of name for fundraising or commercial purposes.
35-91. A judge may not be interviewed for videotape being produced for U.S. Office of Hazardous Materials Transportation on hazardous waste issues. One interview topic would be the impact of judges on hazardous materials law. The program may be perceived as an effort to influence actions of judges and lawyers. It encourages litigation and might compromise the judge's appearance of impartiality.
43-91. A judge may not participate in a discussion of domestic violence on the TV program CAUCUS-NJ.
60-91. Judges may participate in training session for assistant prosecutors and DAGs on unethical conduct in summations, if the program is offered also to public defenders.
14-92. A judge may, subject to conditions, participate as a panelist in a public "Round Table on Child Abuse" sponsored by two assemblymen, one of whom is chair of the Judiciary/Law and Public Safety Committees.
15-92. A judge may participate on panel WOMEN AS POLITICAL ACTIVISTS sponsored by YMCA. Despite the title, the substance was the personal experiences of women entering public life, and not politics per se.
28-92. A judge may participate on a panel conducted in New Jersey State Prison concerning Drug Crisis in the U.S. sponsored by New Jersey State Prison and National Issues Forum Program.
52-92. Judge may participate in medical jurisprudence course for 3rd year students at UMDNJ/School of Osteopathic Medicine on panel which will cover issues of 1. competence and incompetence; 2. involuntary commitment; 3. case discussions of dilemmas of various sorts.
56-92. A municipal court judge may give short speech on human rights at Jersey City Human Rights Commission Awards Day Celebration. A teacher will be honored who makes human rights a part of the curriculum.
59-92. Judge may attend and speak at county bar Family Law Committee's presentation on "Counsel Fees: How to Collect Them". Talk would cover counsel fee applications from the judicial point of view, balancing test under the statutes and recent cases. Because the program will include attorneys to speak on collecting fees, moderator must be asked to announce that it is a two-part program and that the judge will not participate in the second part. After speaking the judge shall leave.
3-93. Judge, a former Commissioner of Corrections, may not be keynote speaker at a symposium of the Council of State Government and the American Probation and Parole Association for legislators, judicial personnel and corrections administrators on effective community-based correctional programming.
7-93. Judge may not speak at symposium on "Carjacking, Car Theft: Legislative, Judicial, Executive, Law Enforcement and Community Response" sponsored by the by Seton Hall Science and Technology Law Society.
10-93. Judge may not speak at a public seminar on the divorce process focusing on women going through a divorce presented by Divorce Reform Task Force of NJ-NOW and sponsored by a law firm.
21-93. A judge may sit on a panel at the ATLA Boardwalk Seminar on "How the media impacts potential jurors." Panelists will discuss the effects if any the media has on jurors; what a high profile case means to the attorneys and the clients; what the judge must do to safeguard the rights of all.
26-93. Judge may not be keynote speaker at Northern Region Conference for Foster Parents/DYFS/CASA/CPR Boards. Topic suggested includes judiciary's approach to issues affecting children in placement. Foster parents have an interest in cases of termination of parental rights although they are not parties.
37-93. Judge may not appear on segment of the TV program "20/20" regarding a case where he gave the minimum sentence to a daughter in the mercy killing of her mother.
44-93. Judge may not write an article for the New Jersey Law Journal Op/Ed page on "Jury Voir Dire". This is a policy issue on which the Supreme Court has spoken.
50-93. Judge may participate in a Domestic Violence workshop at Child Support Conference in Atlantic City sponsored by NJ Child Support Council (Council). Workshop provides child support workers with training in how domestic violence bears on child support matters. Council membership is open to individuals and organizations furthering the cause of child support and child support money collections. It chiefly consists of employees of the courts and AOC. Child support workers from Probation, Welfare, Family Court, AOC attend, as do advocacy groups, e.g., fathers' rights groups.
52-93. Judge may speak at dinner sponsored by the Jean Robertson Women Lawyers Scholarship Foundation which provides scholarships for deserving female law students attending law school in New Jersey; and judge may be honored at the dinner as a founder, for service to the organization, and for her accomplishments and contributions to the legal profession. Dinner is to honor outstanding member of bar and to present annual scholarship award. The event is not a fundraiser.
62-93. Assignment Judge may be keynote speaker for the Annual Institute of the Volunteers in Courts and Corrections. The members of this organization are coordinators of judiciary volunteers in the Judiciary and coordinators of volunteers in Corrections. The organization provides training, principally at the annual institute, and gives awards to volunteers.
63-93. Judge may not be a panelist in workshop entitled "Politics, Legislation and Sentencing: Where are We Going?" at a symposium on Hispanics and Corrections, sponsored by the Office of Hispanic Services, NJ Department of Corrections. Panelists were asked to consider the theme elements: "1. The long-term incarceration: 10 years of possible productive life maintained in a state of dependency on the state deprived of self determination and with stunted emotional growth. 2. Of Hispanics and other minorities: The cultural differences that when not taken into consideration, deprive the inmate from taking advantage and participating in treatment programs. 3. Does if affect me? The impact that society has in the criminal justice system and the price it pays: a) the view of the criminal, b) the establishment of the method of punishment, c) the creation of the revolving door of recidivism and d) the creation of a generation of dysfunctional adults; the children of the incarcerated. Are minorities becoming a majority? What alternatives do we have as a society?"
67-93. Assignment Judge may participate in seminar on gender problems encountered by women litigators at ATLA Boardwalk Seminar.
72-93. Judge may participate in Second Annual Community Education and Prevention Program sponsored by Boys and Girls Club of Monmouth County and be the keynote speaker.
12-94. Judge may not be a presenter at 3rd Symposium for the Delaware Valley, VOICE OF REASON a "Summit on Crime and Violence," nor on the Steering Committee, nor in charge of identifying appropriate people from New Jersey to attend. Attorney General Janet Reno will be keynote speaker. At the conclusion of the symposium a facilitator will prepare a paper to be delivered by a United States Senator to the President on new approaches and solutions. The VOICE OF REASON is an unincorporated association of a lawyer and a physician propounding "Proposals for Reasonable Hand Gun Control."
13-94. Judge may not meet with the insurance claims managers who routinely appear in the vicinage to speak about utilizing the binding arbitration program. The judge could properly speak on this subject to the civil bar at a meeting open to claims managers of insurance carriers.
19-94. Judge may join in a panel discussion on "African-Americans in the Judiciary" sponsored by Black Law Students Association of Seton Hall University.
23-94. Judge may not be principal speaker or master of ceremonies at annual dinner of NJ Federation of Planning Officials to honor its outgoing counsel.
25-94. Judge may not participate in National Organization for Women of New Jersey and Englewood Hospital and Medical Center joint conference entitled STOP THE VIOLENCE and be on panel.
29-94. Municipal court judge may not do sensitivity training for a Dept. of Interior Park Service unit to educate the Park Rangers concerning their interactions with the Gay and Lesbian community.
30-94. Judge may serve on panel on juvenile violence at a public Conference on Crime organized by a Congressman, if the panel is balanced and the judge speaks only on how the Juvenile Part functions.
38-94. Municipal court presiding judge may not attend Police Department annual retirement dinner and be guest speaker. This dinner honors the year's retirees. It is not an open event.
42-94. Judge may not address the organization GRANDPARENTS COUNT, a group to help grandparents fighting visitation battles. Judge is asked to explain what criteria are used to grant grandparents visitation.
43-94. Judge may not be interviewed for FOR A CHANGE magazine on his views on a judge's "professional moral role in dealing with those who have broken the law and to assist them should they desire to embark upon a different path."
45-94. Judge may accept an invitation to participate in a panel discussion at the NJ Corporate Counsel Association's Annual Dinner. Topic of panel discussion is "Ethics Issues for In-house Counsel."
46-94. Judges may participate in a two-day Family Law Forum sponsored by NJ Institute for Continuing Legal Education and cosponsored by American Academy of Matrimonial Lawyers.
47-94. Tax Court Judge, sitting in the Family Part, may participate in round table discussion on domestic violence hosted by a municipality.
50-94. Assignment Judge, who chairs the county Youth Services Commission, may attend and provide conference welcome at Monmouth County Juvenile Officers' Association's Juvenile Justice Conference on Youth in the Year 2000. The Juvenile Officers' Association is an association of police officers who work on juvenile matters. Those in attendance will be police officers, prosecutor's office staff, social service agency personnel, school personnel, members of service organizations mat work with youth and other interested parties. Governor Whitman was asked to be keynote speaker.
54-94. Municipal court judge may not give a presentation at the New Jersey Coalition Against Impaired Driving conference regarding "prevention and beyond."
64-94. Judge may participate in a forum on "Branches of Government, Separation of Powers; Checks and Balances" at a local school along with County Executive and Freeholder.
69-94. Judge may be speaker at a panel discussion with mayor, deputy mayor, and freeholder on "Minorities in Government Service" sponsored by the Hispanic Education Committee of the Latin American Student Organization at Rutgers University to discuss importance of minorities in government service and how they individually got started in their careers. All the discussants are of Hispanic heritage.
70-94. Judge of the Tax Court may appear on a national panel of state tax judges to offer a critique and evaluation of a videotaped presentation of a property tax trial, attended by members of the International Association of Assessing Officers (IAAO), attorneys and appraisers representing both taxpayers and taxing authorities. The event is sponsored by the IAAO.
75-94. Superior Court judge may attend and share observations at symposium "Children at Risk: Ensuring Their Protection by Law, Their Nurturance by Families" sponsored by The Children's Home Society of NJ, but may not speak on policy issues.
13-95. Municipal court judge may not appear on Court TV and Geraldo Live as a commentator on the O.J. Simpson trial.
24-95. Assignment Judge may not participate as a panel member in a 2-part program on the jury system to be taped at Cablevision. Cablevision is a commercial provider of cable television programming. The panelists will discuss the concept of unanimous decisions, the selection of alternate jurors, sequestration, mis-trials, hung juries, etc. The O.J. Simpson trial prompts interest in these issues and inevitably will come up in the discussion.
31-95. Tax Court judge may participate in a program at the annual education conference of the NJ Association of County Tax Board Commissioners and County Tax Administrators. The judges will speak on Tax Court policy and procedures and will review recent Tax Court opinions and Appellate opinions dealing with local property taxation. The program will be open to all interested persons, this will include tax assessors, attorneys representing both taxpayers and tax authorities, and appraisers who may testify at Tax Court hearings on behalf of either taxpayers or taxing authorities.
35-95. Superior Court judge may participate as moderator for a multi-disciplinary panel discussion "When a client discloses an unknown sexual offense: legal and ethical issues" given by NJ Network for the Treatment of Sexual Offenders. The Network is a professional organization of clinicians, probation officers, prosecutors, prison staff and others who work with adult and juvenile sexual offenders.
36-95.
Issue #1: Superior Court judge may lecture at the Family Law Forum co-sponsored by the American
Association of Matrimonial Lawyers - NJ and ICLE.
Issue #2: The judge may lecture/moderate at seminar at ATLA-NJ on Battered Women. The program is open
to all attorneys and will be advertised in the bar journals.
39-95. Superior Court judge may not participate in a County Bar Association cable telephone program "Legalities" along with three local attorneys. The format will be question and answer segments regarding the law.
55-95. Superior Court judge may not lecture to a local police department on the requirements of the law concerning strip searches and body cavity searches. The fact that under a settlement agreement between the ACLU and the town both sides designate the judge as their choice to deliver the lectures does not overcome the prohibition on judges participating in the training of law enforcement officers.
3-96. Superior Court judge may coach a mock trial team.
6-96. Superior Court judge may participate as a panelist at an ABA conference in California on settlement of insurance coverage disputes using the New Jersey FRTB litigation as the model, and have his expenses paid by the ABA.
8-96. Superior Court judge may not sit on the Advisory Committee of the Statewide Moratorium on Family Violence. The role of the Advisory Committee is to promote the moratorium, enlist participation in it, help obtain financial and in-kind resources and personally pledge to help stop family violence. The moratorium is a one day event spearheaded by a private individual with a number of private and governmental entities participating.
19-96. Superior Court judge may accept an invitation to participate as a panelist with two other judges on the topic "How Lawyers Could Improve Their Performance in Criminal Trials" at the New Jersey Prosecutors Association's convention in Atlantic City. This event is open to the public without charge and will be advertised in the New Jersey Lawyer and with the Association of Criminal Defense Lawyers.
23-96. Under the auspices of a county bar association a broad spectrum of organizations is sponsoring an
education and training program to promote pro bono legal services to indigent persons affected by AIDS and HIV disease.
Issue 1. A judge may participate on a panel on the rights and obligations of landlords and tenants. Issue 2. A judge may present the Judiciary's AIDS policy.
29-96. Tax Court judge may participate on a panel at the New Jersey State League of Municipalities convention concerning an overview of the tax appeal process and review of current court decisions. The session is jointly sponsored by the Tax Assessors' Association and the NJ Institute of Municipal Attorneys. The convention is open to anyone who wishes to attend, and anyone registered can attend the panel discussion.
30-96. Superior Court judge, a former prosecutor and Adjunct Professor of Criminal Law at Seton Hall Law School, may participate in a roundtable panel discussion entitled "IS MIRANDA ENOUGH: THE NEED FOR VIDEOTAPED CONFESSIONS," sponsored by the Criminal Law Society of Seton Hall Law School. He will avoid expressing an opinion on current law, pending matters and pending legislation.
31-96. Superior Court judges may participate in a continuing legal education seminar, sponsored by the Association of Criminal Defense Lawyers of NJ, that will focus on state and federal court sentencing issues and practices. The seminar is open to state and federal prosecutors, public defenders and the private bar.
17-97. Superior Court judge may address the graduates of the Stabilization and Re-integration Program, a "boot camp" program run by the Juvenile Justice Commission. Judges throughout the state have sent the children in the program to it.
18-97. Superior Court judge may speak to the freshman and junior classes of a private school as part of an all day program to celebrate Earth Day. There will be panels, programs, and work groups examining environmental issues. The judge will speak on three problems that confronted her as DEP Commissioner and were resolved successfully.
24-97. A Superior Court judge may not participate in "Meet the Chiefs" night hosted by the Municipal Alliance and ParenTEEN of Wyckoff. The purpose of the event is to discuss drug and alcohol abuse among teenagers and explore means of prevention. The judge would participate in panel discussions with Police Chiefs from other municipalities; DARE/Juvenile Officers; Municipal Alliance Chairmen, and a FLOW area Township Prosecutor.
30-97. A Superior Court judge may participate in a panel-workshop, sponsored by New Jersey Community Focus, on professional careers in the justice system.
32-97. A Superior Court judge may participate in a panel discussion for the Greater Paterson Chamber of Commerce "Leadership Paterson 1997 Crime and Justice Seminar" at the Courthouse. The panel will discuss the criminal justice system in all of its aspects.
34-97. A Superior Court judge may participate in a criminal justice seminar to discuss critical issues of the criminal justice system and the challenges judges face sponsored by Leadership New Jersey. Approval is conditioned on judge confining comments to the matters permissible under Guideline IIIA4.
45-97. Superior Court judge may participate as a panelist at a joint function of the New Jersey Women Lawyers Association and the New Jersey Women's Press Association. The program is entitled "Right to Know vs. Right to Privacy: Who Wins?" Approval turned on the judge's limiting her remarks to the subject of the guidelines on cameras in the court.
8-98. Superior Court judge assigned to the Family Part may speak to members of the Bergen County Police Chiefs Juvenile Group on how the Juvenile Court System works.
15-98. Superior Court judge may not participate in a workshop series on "Juvenile Problems: Assessing the System" sponsored by the Healthcare Committee of the Bergen Community Resource Council, and open to the public. There will be a question and answer period. A judge should not take part in a question and answer period in this context, nor be in the position of having to assess the juvenile justice system. (See Op. 25-98)
18-98. The Superior Court judge designated to hear all toxic tort cases may speak at the Association of Trial Lawyers of America's Annual Convention on a panel titled "Ethics in Mass Tort Settlements" sponsored by the Section on Toxic Environmental Pharmaceutical Litigation. The judge will stress ethical considerations in this growing field of law.
22-98. Superior Court judge may not be a speaker at a domestic violence working group meeting organized by the State Police under a federal grant.
25-98. Superior Court judge may not speak at a seminar sponsored by the Bergen Community Resource Council on the subject of the Juvenile Justice System. The Community Resource Council is a community based nonprofit organization, which serves as a clearing house for resources for members of the community. The Community Resource Council provides health and human service assistance to anyone living or working in Bergen County through their information and referral service. (See Op. 15-98)
26-98. Superior Court judge may not participate in a roundtable discussion on school violence at the invitation of the Mayor of the Township. The subject is beyond judicial expertise and remedial measures are beyond the judicial function.
32-98. Superior Court judge may not participate in a panel discussion before the National Association of Corporate Counsel on communication with current and former corporate employees because the organization's membership is one-sided and the judge would be perceived to be educating a special interest audience to the disadvantage of any other group.
5-99. Superior Court judge may not accept an invitation from the Provost of Rutgers University, Newark, the US Attorney and the Newark Director of Police to attend a luncheon meeting on reducing youth violence. The organizers propose the creation of an interagency task force involving law enforcement, criminal justice, other governmental agencies and private sector interests. This activity is beyond the scope of the judicial function and creates an appearance of impropriety.
11-99. Appellate Division judge may not attend or speak at the Public Interest Law Center of New Jersey's First Annual Dinner honoring Stanley Van Ness. The Public Interest Law Center is comparable to a law firm. The PILC should be advised not to invite judges next year.
18-99. Assignment Judge who is the Megan's law coordinator for the Judiciary may participate as a panelist in a program on the implementation of Megan's law with respect to juvenile sex offenders sponsored by NJ Division of Youth and Family Services - Southern Regional Office. The participants invited to this forum represent all the various agencies and disciplines that affect or are affected by the application of this law, including judges. The judge is the appropriate representative to explain the role of the courts. He should observe the limitations of Guidelines IIIA4 and 5 in his remarks and should not answer questions except on the role of the judge.
19-99. Assignment Judge may be the guest speaker at a conference entitled "Women and Leadership: Our Past, Our Challenge, Our Future" sponsored by the Human Resource Development Institute, Department of Personnel, State of NJ. The theme of the conference will be "how women are uniquely positioned to emerge and thrive in the 21 st century." Participation in this Executive Branch program will not impair the appearance of independence of the Judiciary.
21-99. Superior Court judge designated to hear all toxic tort cases in the State may participate as a panelist in the American Bar Association's Third National Institute on Class Actions. All interested parties are represented at this event. The judge's participation would benefit the legal system, and afford an opportunity to enlarge the judge's perspective and the perspectives of the other participants.
26-99. Family Part Presiding judge may not participate in the New Jersey Regional Community Policing Institute's Domestic Violence Conference to "develop ways in which law enforcement, the judiciary, service providers and advocacy community can integrate community policing principles with domestic violence prevention efforts." The Institute, which operates under the direction of the U.S. Department of Justice, teaches community policing broadly to all affected groups. The conference will produce a white paper for broad distribution and possibly recommend legislative change. This event is too closely associated with law enforcement and efforts for legislative change. Participation would tend to impair the appearance of impartiality.
31-99. Superior Court judge may not participate as a panelist in aNew Jersey Network TV call-in program on the issue of domestic violence in New Jersey. The panelists will include several domestic violence specialists and advocates. A one-hour call-in program will follow a one-hour discussion among the panelists. The subjects will include New Jersey laws, the impact of domestic violence on children, battered immigrants, coordinated community response and batterer accountability. The format of the program and the composition of the panel compels the conclusion that the judge should not participate.
32-99. Superior Court judge may participate in a roundtable discussion in conjunction with the 24th Annual Training Institute of the American Probation and Parole Association on the subject of the Juvenile Interstate Compact. The intent of the program is educational. The audience will be composed of interstate compact administrators, probation and parole administrators and officers, and representatives of victim advocacy and community groups and policy makers. The judge is expected to give briefly his views on the operation of the interstate compact and how it can be improved, based on his experience. There will be both prepared questions and open questions from the audience. This is a balanced professional education program appropriate for a judge's participation.
36-99. Retired appellate judge, serving on recall, may submit remarks for inclusion in a brochure to celebrate the Office of Administrative Law's 20th Anniversary. The judge's remarks should be confined to an historical perspective on the establishment of the OAL.
38-99. Acting Administrator Director may be the keynote speaker at the Trial Attorneys of New Jersey's 32nd Annual Trial Bar Awards Banquet at which a special Golden Award will be presented to retired Associate Justice Stewart Pollock. TANJ is a general membership association of lawyers.
40-99. Superior Court judge may teach on the subject of Constitutional Criminal Procedure to the Secret Service of the U.S. Department of Treasury in Washington D.C. Because of the physical and jurisdictional remoteness of the Secret Service and the broad nature of the topic, this activity does not violate Guideline IIIA3.
41-99. Superior Court judge may speak on the role of mental health assessments in the process of juvenile dispositions at a professional workshop co-sponsored by the National Alliance for the Mentally Ill and the New Jersey Association of Mental Health Agencies, Inc. The judge will confine his remarks to the disposition process, and the importance of early and accurate mental health assessments to the appropriate disposition of matters in family and criminal courts.
43-99. Superior Court judge may be the keynote speaker at "Girl Power 2000 Conference," sponsored by the Teenage Pregnancy Task Force of the Center for Women's Health at Community Medical Center, and affiliate of the Saint Barnabas Health Care System. Many local hospitals, schools and agencies that address the issues of teenage pregnancy are represented on the Task Force. Intermediate students from throughout the county are invited to attend. The judge is invited because she is known to be an excellent role model to women with a commitment to family issues. She is the parental notification judge in the county, but the conference will not touch on parental notification. The Task Force's program focuses on self-esteem, stress reduction, and maintaining focus and confidence. The judge's appearance meets the criteria of Guideline IVA1b: the sponsor is a health care group; the subject is broad and not controversial.
52-99. Superior Court judge may not be the keynote speaker at the graduating ceremonies of a county police academy.
3-00. A Family Part judge may not attend the dedication of the Domestic Violence Victim and Family Room at a township police department in the county where the judge sits. The program will include an overview of the partnership between the Coalition Against Rape and Abuse and the Domestic Violence Victim Response Team. Although the event could provide the judge with an opportunity to clarify the court's role in this difficult area, the potential benefit does not outweigh any damage to the judge's appearance of impartiality that could result.
4-00. Superior Court judges may attend a dinner sponsored by the Justice Society of the Anti-Defamation League at which retired Justice Alan Handler will be honored and a posthumous award honoring the late Chief Justice Wilentz will be presented to his brother on his behalf. Because of the nature of the occasion, attendance will not impair the appearance of impartiality.
9-00. Superior Court judge may not participate as a panelist on family law a for-profit business entity. (Guideline IIIA3c)
10-00. A Family Part judge may not attend the annual luncheon of the New Jersey Child Assault Prevention (CAP) Project. CAP is a project of the New Jersey Task Force on Abuse and Neglect, which originated as a Governor's commission, and is fully funded by DYFS. It offers educational programs for children in all New Jersey public schools, teaching children to protect themselves, and programs for teachers and staff, and for parents. Attendance could impair the judge's appearance of impartiality.
11-00. Superior Court judges may attend a dinner honoring DYFS for its hundred year anniversary.
16-00. A municipal court judge may not attend the retirement dinner of Chief of Police in the town where the judge sits. Although the family of the retiring Chief is arranging the event and it is open to the public, a municipal court judge should not attend because the event honors a law enforcement officer.
17-00. A Superior Court judge may not administer the oath of office to the incoming President of the Association of Criminal Defense Lawyers of New Jersey because of the appearance of bias such an appearance, with its attendant publicly, could create. This advice reverses the Committee's 1990 advice that a Superior Court judge may attend the annual dinner of the Association to swear in his former partner as President (Op. 68-90) but does not affect its 1993 advice that judges may attend the annual dinner. Although the Association is a partisan bar, the event is open to all lawyers and is advertised widely in legal journals, bar journals and newsletters (Op. 20-93).
19-00. A Superior Court judge, who was a founder of the DARE program in the county, may speak to fifth grade students at a DARE ceremony. This determination is based on the understanding that the DARE program, although conducted by the local police department, is designed to deter drug abuse in the community and to encourage students' self-esteem, and is not prosecutorial in nature. The judge's remarks should be confined, however, to the history of the establishment of the DARE program in the county.
26-00. Superior Court judges may not speak at the swearing-in nor attend the reception following the swearing-in of a local prosecutor as an Assistant Attorney General. They may of course attend the swearing-in.
30-00. A Superior Court judge may participate in a 5-minute one-on-one interview on the concept of Drug Court on FOX News Channel's "The O'Reilly Factor". In approving this appearance the Committee considered that the subject of the interview and the format of the program with no audience participation and no call-ins brought it clearly within the limits of Guideline IIIA6.
9-01. Superior Court judge may not participate in a conference workshop as a panelist on "Resources for Grandparents As Parents" where the judge would be asked to discuss specific questions such as "Can a mother get children back from grandmother?" and "What are the grandparents' rights?". The legal rights of grandparents as parents is an issue of public concern, and also an issue before the courts. Further, the judge would be asked to give legal advice in a context the audience expects an answer, and where the answer could come back to embarrass the judge later.
24-01. Superior Court judge may participate in a Mock Trial Training Course at the Treatment Center for the Sexually Dangerous in Bridgewater, Mass. The course is organized by the psychologist who is in charge of the NJ Division of Mental Health Services' evaluations of sexually violent predators. The purpose of the conference is to train Massachusetts forensic psychologists in conducting evaluations involving an actuarial approach, that is, measuring the probability of recidivism by sexual offenders. The judge would only act as a judge at a mock trial in which forensic testimony would be presented by both sides. Only Massachusetts forensic psychologists would attend the conference.
25-01. Municipal court judge may participate in a domestic violence presentation at a symposium entitled "Family Violence Through the Life Cycle: Emerging Trends and Explications" sponsored by the Jewish Renaissance, a non-profit organization that assists Jewish immigrants. The symposium will be attended by counselors and other professionals, some of whom specialize in domestic violence. The judge is to restrict the presentation to the role of the municipal court in processing domestic violence cases and the volume of domestic violence cases in municipal courts. The judge would not discuss specific cases.
29-01. A Superior Court judge may lecture at the American Academy of Matrimonial Lawyers' Seminar in Atlantic City. However, the judge may not attend the dinner dance (regardless of whether or not the dinner dance is open) following his lecture unless he pays his own way. A judge may accept a free meal or hotel accommodations from the Academy only if his lecture or presentation, because of its timing, necessarily includes the meal or requires a hotel stay for the immediately preceding night. Acceptance of a free meal or a hotel stay in such circumstances would be analogous to the provision of Directive 6-96, which does not prohibit the New Jersey Bar Association or any bar association of which a judge may become a member under Guideline III from providing a meal to judges during the course of a bar meeting, and permits judges to accept reimbursement of expenses from that association.
33-01. Superior Court judge may not present his views on the impact of the Motor Vehicle laws on addicts' recovery, or a brief summary of the Newark Safer Cities Campaign at a Drug Treatment Symposium. It would be improper for judges to present their views regarding these areas. Judges may, however, attend only. The symposium is organized with the support of the United Way and in cooperation with many agencies including the Webus Treatment Group and Integrity House. Invitations were sent to the following: judges, drug treatment agencies, county and state officials involved in drug treatment and church groups. The Commissioner of Health, a Senator, church leaders and other key individuals will participate in the symposium.
8-02. Superior Court Judge may be on a panel entitled Lesbian, Gay, Bisexual and Transgender Issues in the Courtroom sponsored by the Pennsylvania Bar Institute, a continuing education arm of the Pennsylvania Bar Association. The judge would only discuss the Task Force Report, current case law, statutes and administrative regulations and would not discuss the attitude of the bar, judiciary or court personnel regarding the Task Force's work.
16-02. Appellate Division judge may participate in the Separation and Loss Forum sponsored by CAS A of New Jersey and held at Montclair University. The Forum will address "the effect of loss and separation on children and adolescents in placement." The judge would discuss best case practices and what is expected of litigators as to same but would not discuss case law.
17-02. Superior Court judge may participate in the History Channel taping of a documentary on the "Camden 28" trial. The judge was the law clerk for the federal District Court judge who presided over the trial and has since died. The judge's participation would be limited to introducing program participants and giving biographic information about the late federal District Court judge. He would only be identified as a former law clerk, not as a judge.
22-02. Municipal Court judge may not appear in a scene, sitting in the back of the courtroom in the public spectator section in the filming of a proposed TV pilot for cable TV. The judge would appear as part of a crowd and would not be identified or have a speaking role. However, the televised scene was a skit that lacked decorum, making the judge's televised appearance inappropriate.
30-02 Superior Court judges may attend the retirement party for a county assistant prosecutor on condition that the judges not sit on the dais and not give a speech or have any comments videotaped. The approval is based on the judges' long-standing personal and professional relationship with the assistant prosecutor. The event, held at a local restaurant, will be open and will be attended by prosecutors, public defenders and private defense counsel.
32-02 Superior Court judge may not be a panelist at the Annual Meeting and Conference of the Insurance Council of New Jersey and may not attend the conference. The Insurance Council is an advocacy and lobbying group. Only insurance companies and trade organizations were invited to attend and plaintiffs' attorneys were not invited.
36-02 Superior Court judge may not attend the reception celebrating the opening of a law firm in which the judge's husband is a partner. The attendees to this invitation-only event will include attorneys, the law firm's members, clients and family members, federal judges and various political officials, including a mayor and city council members and, possibly, a State Senator. One of the law firm's partners ran unsuccessfully in the last mayoralty race in the county in which the judge sits. The law firm will finance the reception.
37-02 Superior Court judge may give a presentation on matrimonial law at the annual ATLA Boardwalk Seminar and participate in a roundtable discussion and question and answer session. The seminar is publicly advertised and anyone wishing to may attend. It will be primarily attended by matrimonial attorneys. The judge will give a "nuts and bolts" type of presentation and will not discuss policy issues, pending cases or the law. The judge may also attend the reception and dinner immediately following his presentation, but only if he pays his own way, rather than as a guest of ATLA.
9-03 Superior Court judge, Family Part, may not participate as the moderator for a key panel at a Children's Symposium. The event is sponsored by the Prudential Foundation in cooperation with United Way and the Association for the Children of New Jersey, which is a private, non-profit children's advocacy organization, whose mission is to advocate for meeting children's health and educational needs. Attendees will include elected officials, flinders, community advocates, parent and foster-parent advocacy groups and the key political officials of the county in which the judge sits. The judge's presentation would focus on the need for many review points of children's placements and the shared responsibility for such placements.
15-03 Municipal court judge may not be a guest speaker at a Coalition of Domestic Violence Crisis Team's quarterly meeting. Speaking at this event could create a perception of partiality toward domestic violence complainants. The event will take place at a police station. The only attendees will be members of the domestic violence crisis teams from the same county in which the judge sits and he would be the only speaker. He would speak about his decision-making process regarding the issuance of temporary restraining orders in domestic violence cases. Giving a presentation in this situation could later embarrass the judge when hearing domestic violence cases.
16-03 Superior Court judge, Family Part, may not make a presentation at the Rachel's Circle event sponsored by the Rachel Coalition, Jewish Family Services, which is a domestic violence services organization that primarily services the county in which the judge sits, as well as several adjacent counties. The judge's presentation would educate attendees about the court experience in domestic violence cases and how the law is available to protect domestic violence victims. The attendees of this invitation-only event will be past donors to the Rachel Coalition and domestic violence service providers. The Coordinator of Client Services of the Coalition appears before the judge as a victim advocate.
18-03 Municipal court judge may not attend a Financial Literacy Summit at the invitation of a State Senator. While on its face the Summit, which is sponsored by a Senator, appears to be politically neutral, it could be later used for political purposes. The issuance of an invitation to the judge by a Senator could create a public perception of political involvement by the judge.
20-03 Municipal court judge may attend the Annual Latino Education Conference hosted by ASPIRA, a private, non-profit charitable organization dedicated to educational excellence for Latino and other minority and economically disadvantaged students. However, the judge may not make a presentation in a segment titled Legal Clinic for Parents. This is a question and answer segment for parents to obtain an overview of legal issues with respect to their legal rights and responsibilities in school matters. The presentation would comprise giving legal advice to the parents of students.
6-88. A judge may not attend a police academy graduation ceremony.
19-88. Judges may not attend a dinner to honor a prosecutor on his reappointment. Attendance might create an appearance of favoring law enforcement.
21 -88. A judge may not attend the annual dinner of a county sheriffs department PBA and receive the award of a Silver Card Life Membership.
10-89. A judge was advised that he could not properly attend the annual meeting of the South Jersey Investigators Association for the purpose of swearing in the new President and Vice-President.
15-89. A judge may attend, all expenses paid, a symposium and conference designed for judges with three or more Johns-Manville asbestos cases to explore issues and strategies of their management. The symposium was sponsored by the National Judicial College and funded by both sides of the litigation.
10-90. A judge may be the guest of the American Academy of Matrimonial Lawyers at its annual dinner dance, as is traditional, pending review of the issue.
12-90. A judge, who is on the adjunct faculty of a law school may attend an annual banquet sponsored by one of the school's law societies as its guest. The fact that the Governor would be honored at the banquet did not make this a political event.
13-90. A judge may attend a fundraising dinner sponsored by the Eagleton Institute Center for the American Woman and Politics in honor of a local mayor. The primary purpose of the event was to raise funds for the Center. The event did not become political because a mayor was honored.
23-90. A judge may attend the Legislative Correspondents Club annual dinner as the guest of a particular newspaper. Traditionally a number of judges and Justices have attended this event, tickets to which are available only to club members.
42-90. A judge may be the guest of a local bar association at its dinner show which is not a fundraiser.
43-90. Vicinage judges may attend a retirement dinner given for a county prosecutor by his staff if it is an open event.
50-90. A judge may not allow his name to be placed in nomination by a committee of NJ lawyers as an officer of the NJ Chapter of the ABA Foundation. There is an automatic progression of officers to the office of President. The chapter sends an annual letter to its members on letterhead that lists the chapter officers to remind them of their obligation as members to contribute to the scholarship fund.
52-90. A municipal court judge of another municipality who is the Acting City Solicitor of Atlantic City may attend the inauguration of the Mayor of Atlantic City and the reception in a public park, open to all citizens, no-host [buy your own hot dogs, etc.]. The mayoral election was non-partisan.
52-90. Judges of the vicinage may attend 1 st Assistant Prosecutor retirement dinner if it is an open event. After 17 years in public service the 1st Assistant Prosecutor has retired to a law firm with a civil practice.
61 -90. Assignment Judge may attend first public dinner meeting of County Municipal Prosecutors Association as a matter of comity. Other judges may not.
64-90. A judge may attend party for outgoing president of Trial Attorneys of NJ. Judge had been a board member for several years. TANJ is a non-partisan organization of the trial bar.
68-90. A Superior Court Judge may attend the annual dinner of the Association of Criminal Defense Lawyers to swear in his former partner as President. [This opinion is reversed in Opinion 17-00]
34-91. Judges may attend 25th Anniversary dinner of Legal Services of New Jersey.
42-91. Vicinage judges may attend Executive Assistant Prosecutor's retirement dinner given by office staff and colleagues if it is an open event. Honoree is retiring completely.
51-91. Judges may attend the swearing in ceremony of the county prosecutor as a body in their robes. This is a ceremonial event customary in the county.
53-91. Assignment Judge may attend the dedication of the new Police Academy as a matter of comity but other judges may not attend.
31-92. Judge may not attend ATLA-NJ Convention annual dinner where husband will be installed as Treasurer.
48-92. Appellate judges may not attend dinner dance sponsored by law firm despite the fact that the honored guest would be retired Associate Justice of U.S. Supreme Court the Hon. Wm. J. Brennan, Jr.
54-92(b). Municipal court judge may attend Women in Government breakfast at the League of Municipalities convention.
62-92. It is not proper for municipal court judges and court employees to attend a holiday party hosted by a law firm.
12-93. Family Division judges may attend New Jersey State Bar Association Family Law Section's Annual Dinner. Tischler Award will be presented to a practicing lawyer. Governor Florio will speak.
14-93. Judges may attend dinner honoring Stanley C. Van Ness, the First Public Advocate and Public Defender, and celebrating the 25th anniversary of the creation of the Office of Public Defender. Governor Florio will speak and former Governor Byrne will attend.
15-93. Judge may attend the Garden State Bar's annual scholarship dinner dance at which State Senator Wynona Lipman will be the honored guest.
16-93. Judge may not speak at the Monmouth County 200 Club's annual recognition and awards luncheon. The 200-Club, Monmouth County Chapter, gives monetary and supportive assistance to members of the New Jersey State, county and municipal police, firemen and first-aid personnel. The expected audience consists of members of the club, law enforcement professionals, and others.
20-93. Judges may attend the Association of Criminal Defense Lawyers of NJ Officer Installation Dinner. This dinner is offered annually. It is open to all lawyers, and will be advertised widely in legal journals, bar journals and newsletters. Judges would pay their own way.
29-93. Judge may not speak at the Morris County 200 Club's Valor Awards Dinner.
31-93. Judge may attend "Changing of the Guard" dinner given by Criminal Law Division of the Essex County Bar Association to welcome new county prosecutors and new deputy public defender.
34-93. Judges may attend event sponsored by Ocean County Emerald Society honoring Special Assistant to the Ocean County Prosecutor, a former Superior Court Judge, as Irishman of the Year. The event is open.
40-93. Judge may not attend dinner of Hispanic Law Enforcement Society.
49-93. Judges may attend retirement dinner for Chief Investigator, Monmouth Region, Office of the Public Defender. Event is open.
65-93. Tax Court judge may attend joint meeting of the NJSBA Taxation Section and the New Jersey Society of CPA's on the topic "New Jersey S Corporations - A Roundtable Discussion".
73-93. Presiding Judge of the Family Part may attend luncheon conference under auspices of Attorney General's Statewide Narcotics Action Plan focusing on how enforcement officials can better respond to problems of drug and alcohol abuse, violence, youth gangs and vandalism in our schools. This opinion recognizes the need for the Family Division to be involved with the community.
51 -94. Judge may not attend a dinner sponsored by the PB A and make a presentation to honor the Chief of the Monmouth County Prosecutor's Office who is retiring after 42 years of service.
18-95. Superior Court judges may attend a farewell party for County Prosecutor who is retiring to private practice. The event is sponsored by the Prosecutor's office. The invitation is open; the notice is posted and widely distributed.
22-95. Superior Court judges may attend the annual dinner of the South Jersey Chapter of the American Board of Trial Advocates. This organization is comprised of trial lawyers who represent the plaintiff and defense sides in their practice.
37-95. Superior Court judge may attend a dinner honoring former county prosecutors and public defenders sponsored by the County Bar Association.
42-95. Superior Court judges may not attend a dinner meeting of the Trial Lawyers Association of Middlesex County in which the honoree will be Senator John A. Lynch.
47-95. Superior Court judge may attend farewell dinner for county prosecutor. The event will be given by members of staff, and public defenders, members of the bar and others will be present. The prosecutor is a long-time personal friend of the judge.
51-95. Issue # 1 - Superior Court judge may not swear in municipal police chief as president of police chiefs' statewide association at the associations' annual meeting in Atlantic City.
56-95. Superior Court judges may not attend a reception celebrating the opening of a law firm's new offices.
57-95. Superior Court judges may not attend a holiday party hosted by the county prosecutor's office. The fact that the invitation is extended not only to law enforcement agencies such as police departments, but also to members of the Public Defender's office and the private defense bar, does not overcome the impairment of the appearance of impartiality.
10-96. Superior Court female judges may attend the Women's Law Forum of Seton Hall University School of Law's Fourth Annual Networking Reception as honored guests.
40-96. Superior Court judge may attend annual Borough Christmas party in the Borough in which the judge was formerly Director of the Department of Law.
41-96. Superior Court judge may attend a luncheon at the New Jersey Bar Association's annual meeting in Atlantic City to celebrate the publication of the memoirs of a Professor of Law, a law school classmate of the judge. The judge should not introduce the author.
5-97. Superior Court judges (1) may attend swearing-in of the County Prosecutor; and (2) may attend the reception following the swearing-in given by the prosecutor personally. The reception is open.
26-97. A Superior Court judge may attend the Chamber of Commerce "Distinguished Citizen Award" buffet/cocktail reception honoring a resigned Superior Court judge, who is a practicing lawyer, and the former TCA of the Vicinage.
27-97. A Superior Court judge may not attend a special breakfast for Cuban American Community Leaders at Drumthwacket, the Governor's official residence. The judge was president of the Hispanic Bar Association and Regional President of the National Hispanic Bar Association, and is a Cuban American.
29-97. A Superior Court judge may not attend the reception after the swearing in of the Public Defender of the State of New Jersey.
31 -97. A Municipal Court judge may not attend the Chamber of Commerce Annual Awards Banquet in the municipality where he sits. The judge, a former president of the Chamber initiated the dinners and has attended each year. The award this year goes to a Captain in the Police Department.
33-97. A Superior Court judge may attend as a guest of the United Way's invitation-only reception introducing the participants in the volunteer training program to the Advisory Board. It is not a fundraising event. The judge formerly served on the United Way Board.
37-97. Superior Court judges may attend a County Bar Association dinner meeting at which Michael Aaron, a New Jersey Network journalist, will discuss the current gubernatorial and legislative campaigns.
39-97. Superior Court judges may not attend a retirement dinner for the county prosecutor. The prosecutor will be joining a private law firm.
40-97. Superior Court judges may not attend an invitation only reception honoring a retiring County Prosecutor given by the National Black Prosecutors Association.
2-98. Superior Court judge may attend a luncheon given by the FOP to honor a sergeant who is a longtime personal friend of the judge and is retiring from the police department to private life after 26 years of service. The invitation was extended to various friends and family as well as law enforcement.
7-98. Superior Court judge may not attend the Hispanic Bar Association meeting at which a State Senator will be honored. See Guideline X, Political Activities
10-98. Municipal court judge may not attend a retirement dinner for a police sergeant injured in the line of duty who is retiring on disability. The event is open to the public. The fact that the officer was injured as a result of a homicide only increases the apparent impairment of impartiality and is not persuasive to overcome the basic rule that it is not appropriate for a judge to attend a police officer's retirement dinner.
17-98. Superior Court judges may attend an open event farewell dinner honoring a Deputy First Assistant Prosecutor, who is retiring to private practice, given by Prosecutor's Office. Both sides of the bar have been invited as well as chiefs of police, judges and personal friends. The invitation has been posted in the courthouse.
27-98. Municipal court judge may not attend a retirement dinner in honor of a police captain organized by the PBA although the police captain is a personal friend of the judge and the captain after his retirement will serve as the Court Officer for the municipal court. Most of the elected township committee members will attend.
31-98. Superior Court judge may not attend the swearing in or reception for Deputy Mayors of a municipality. Deputy Mayor is an honorary position, not a public office; the swearing in is therefore a political event.
33-98. Superior Court judge may attend the retirement dinner for the county Assistant Prosecutor because it is an open event which many defense counsel attend.
17-99. Superior Court judge may attend an event sponsored by the Hispanic Bar Association of NJ, the NJ Hispanic Bar Foundation Inc., the National Hispanic Prosecutor's Association, the Hispanic National Bar Association-NJ Region, the Garden State Bar Association, and the Asian Pacific Bar Association in conjunction with the NJ Bar Association, Task Force on Diversity, Individual Rights, Minorities in the Profession and Women in the Profession Sections at which the speaker will be a Washington Post political and national correspondent and best selling author. Attendance will not impair the judge's appearance of impartiality.
25.5. Municipal court judge may invite the mayor to speak in the court when new judges are sworn in.
44-99. Superior Court judge may not attend a welcoming reception in honor of retired Assignment Judge given by the law firm of which the Judge is now Of Counsel.
24-00. A municipal court judge should not attend a retirement dinner for the Chief of Police of the municipality. The judge's attendance at a retirement dinner for a police officer undermines the structural separation of the court from the police that is necessary to preserve the appearance of independence and impartiality of the municipal courts and maintain the public confidence in the court. The Committee has determined to resolve the inconsistencies in its past opinions and avoid uncertainty in the future by reaffirming its Opinion 21-91 that a judge should not attend a police retirement dinner in the municipality where the judge sits even if the event is sponsored by the municipality and is open to the public.
27-00. An Assignment Judge may not attend the annual "National Night Out Against Crime" sponsored by a city's Police Department, where members of the police softball team play the softball team from the State Police of Puerto Rico.
33-00. In the future it would be inappropriate for Superior Court judges to attend the Annual Community Service/Volunteer Recognition Luncheon given by Alternatives to Domestic Violence (ADV). With respect to this year's luncheon, however, judges' brief attendance for the luncheon only is in the interest of the judiciary. The Committee considered that ADV is an advocacy group on behalf of victims of domestic violence. It noted that ADV is a participant in the Vicinage Domestic Violence Working Group, but considered also that this request contemplates a further involvement with ADV alone. The members were aware of the beneficial balancing effect that can result from judges' participation in this annual ADV event. However, without deprecation of the group or the court's work with it, they concluded that future attendance at this event would impair the appearance of the impartiality of the court.
37-00. A Superior Court Judge may participate in DYFS-sponsored Foster Child Recognition Day activities in the courtroom. The judge should not issue a "court order" to the children as DYFS suggests but instead could present them with certificates. It would impair the dignity of the court to issue a sham court order.
38-00. A municipal court judge may not attend the National Domestic Violence and Sexual Assault Conference, a conference designed for law enforcement, judicial personnel and victim advocates. The event is sponsored by victim advocates, police officers are prominent among the presenters, and the event is billed as a training conference for law enforcement and victim advocates. For these reasons attendance is impermissible.
42-00. Superior Court judge may not attend the annual county Mayors' Prayer Breakfast. Although this event is traditional in the county and judges have always attended and have even moderated it, judges should no longer attend because 1) the event is political and 2) a case involving prayer may come before a judge who had attended. Canon 1 of Code of Judicial Conduct.
46-00. Superior Court judges may not attend the county Hispanic Bar Association's holiday reception if it is to be held at a law office. Judges are not to attend functions at law offices because to do so impairs the appearance of impartiality.
13-01. Superior Court judge, Family Part, may attend as a guest the Annual Academy of Matrimonial Attorneys Dinner this year. He may not accept an invitation to ride to the dinner in a limo with local lawyers and judges, sharing the expense.
20-01. Superior Court judge may attend a dinner meeting of the American Board of Trial Advocates (ABOTA). ABOTA is a national organization whose members are equally divided between plaintiff and defense civil trial attorneys. The organization provides continuing legal education to attorneys in trial advocacy.
31-01. Superior Court judge may attend the Trial Attorneys of New Jersey's 34th Annual Trial Bar Awards Banquet where a partner in the judge's old law firm, with whom the judge has been friends for 40 years, will be the recipient of one of the awards given. The law firm does not practice in front of the judge. The judge may not be the guest of his old law firm.
35-01. Superior Court judges may not attend the Mediators' Peer Consultation Group dinner meeting at the invitation of the New Jersey Association of Professional Mediators. The purpose of inviting the judge is to let the mediators know the judge who makes referrals, promote communication, and learn something about the mediators' varied skills, experience and areas of expertise. The membership consists of business, commercial, civil, divorce and other family mediators. Attendance is impermissible because the dinner meeting invitation is tantamount to solicitation for business.
19-02. Superior Court judges may attend the Inns of Court Graduation Ceremony that is co-sponsored by the county Bar Association. The cost of the dinner is covered for all member judges as part of their membership fees. The Inns of Court will pay for the dinner of non-member judges.
1. Subject to the General Guidelines and the relevant provisions of Guideline IIIA Judges may teach law-related courses.
2. A judge should not teach at a law school that is not approved by the American Bar Association without prior approval of the Supreme Court.
3. Because a teaching commitment would be time consuming to a much greater degree than many other law related activities and tends to implicate the prohibition against compensation, before undertaking to teach a judge should notify the Supreme Court and the Assignment or Presiding Judge as listed in Guideline HE of the commitment:
a. setting forth the institution, the subject matter, the hours and the duration of the assignment;
b. certifying that preparation will not encroach upon or conflict with judicial duties;
c. certifying that the judge will receive no compensation and setting forth the plan, if any, for diverting or allocating to an eleemosynary or other non- profit recipient the money that would otherwise have been paid, which must completely divorce the judge from the creation of the fund or the designation or approval of the recipient and vest the matter in the sole discretion of the school.
47-93(c). Municipal court judge may continue to teach "Law and the Latino Community in the U.S." an undergraduate course in Rutgers University that focuses on constitutional and statutory law.
1. In writing, a judge should observe the relevant provisions of Guideline IIIA.
2. There shall be no compensation for publication of a judge's writing nor should there be a perception that the judge benefits financially from the work.
3. Because of the prohibition against compensation, judges should not write for commercial publication unless the writing contains a prominently displayed preface or footnote that the author has received no compensation for the work. Further, to avoid a financial windfall to a commercial publisher, there should be
a suitable diversion by the publisher to an eleemosynary or other non-profit recipient of the royalties or other compensation which would otherwise have been paid to the author. Such plan of diversion, to be approved by the Supreme Court, shall establish that:
a. the judge will receive no compensation directly or indirectly;
b. the judge will be completely divorced from the creation of the fund or the designation or approval of the recipient, which are to be in the sole discretion of the publisher; provided, however, that the eleemosynary or other non-profit recipient of the royalties or other compensation should, to the extent possible, be a law related, national or New Jersey organization, institution or association.
4. Nothing herein is intended to deprive a judge of royalties or compensation for work completed before assuming judicial office or for work completed prior thereto except for subsequent prepublication proofreading or other editing by the judge; provided, however, that, in the latter case, the judge may not receive additional compensation therefore.
5. The approval of the Supreme Court must be obtained before the writer of a work published or, as set forth in subparagraph 4, substantially completed, prior to assuming office may undertake to update or supplement that work. The submission to the Court must clearly establish:
a. that the royalty or other payments will be exclusively for the original writing and will not include, even in part, compensation for the updating or supplementation;
b. any compensation for the updating or supplementation must be diverted to an eleemosynary or non-profit recipient and must fairly reflect the value of the work, otherwise approval will be denied unless the original royalties or other compensation are either discontinued or diverted.
6. Whenever approval of the Supreme Court is required the judge shall submit the details of the plan to the Administrative Director for transmittal to the Supreme Court and the Supreme Court may refer the matter to the Advisory Committee for study and recommendation.
14-88. A judge may serve as an unpaid consultant to the developer of a bilingual lexicon for criminal proceedings funded by the State Justice Institute.
15-88. Judges may contribute to a feature column in the New Jersey Lawyer modeled on the "From the Bench" feature in Litigation, a publication of the ABA litigation section.
71-90 A judge may serve on an advisory board of Judicial Associate Editors in connection with a new law journal. The members of the advisory board would each read one anonymous manuscript a year to determine its suitability for publication. The committee advised the judge that the journal should not identify which judicial editor participated in a particular issue.
61-91. A judge may receive royalties from books authored before assuming judicial office.
25-95. Superior Court judge may participate as a member of the Publications Advisory Committee in the creation of an American Inns of Court practice guide series on NJ Civil Procedure. The judge serves as President of the C. Willard Heckel Inn of Court sponsored by Rutgers University School of Law. The American Inns of Court Foundation has entered into an agreement with Lawyers Cooperative Publishing by which the publisher will pay royalties on the series to the American Inns of Court Foundation. The New Jersey Institute for Continuing Legal Education will market the series.
1. With permission of the Supreme Court a judge who has been invited to do so may appear before an executive or legislative body or official on matters concerning the law, the legal system and the administration of justice, but only when:
a. the hearing is public;
b. the subject matter reasonably may be considered to merit the attention and comment of a judge as a judge, and not merely as an individual;
c. the appearance will not involve the office in political controversy.
2. A judge should not accept appointment to a governmental committee, commission or other position except with prior approval of the Supreme Court.
3. Where an Act of the Legislature provides that a judge shall be a member of a committee or commission, the designation of the judge shall be made only by the Chief Justice or other authority designated by the Supreme Court.
4. It is Supreme Court policy that judges should not serve on governmental commissions or committees where the functions would include participation in:
a. the allocation of funds;
b. matters which may become the subject of political controversy;
c. formulating or promoting proposals for legislative action.
59-93. Judge may not attend an informal meeting of President Clinton's Working Group on Welfare Reform, Family Support and Independence to discuss insights into child support enforcement system in NJ and give input for scheduled federal reform. The working group operates under a charge from President Clinton to make work pay; dramatically improve child support enforcement; provide education, training, and other services to help people get off and stay off welfare; and create a time-limited transitional support system followed by work. Under Canon 4C and Guideline IIID1 such an appearance requires permission of the Supreme Court.
28-99. Assignment Judge may not serve on the Sex Offender Management Program Collaborative Team which is being formed by the Department of Corrections to develop a strategic plan for supervising sex offenders in the community and to seek a federal grant. This is an Executive Branch function, in which the Judiciary does not have an independent interest. Judge is being asked to act in an executive capacity.
12-95. Superior Court judge may not accept the request of the Mayor of Paterson to lead a "Blue Ribbon" panel to analyze and make recommendations and plans for youth services in Paterson. Both the Prosecutor and Public Defender will be represented on the panel. The panel's formation is precipitated by the tragic shooting death of a youth in a drug surveillance operation by the Paterson police, a matter presently pending grand jury hearing.
34-00. A Superior Court judge may not serve on a committee of the township where the judge lives to meet with State Park and Forestry staff to discuss location of a state park in the township. Under Guideline IIID appointment to a governmental committee requires prior approval of the Supreme Court. The Guideline further provides that judges should not serve where the committee functions would include participation in matters which may become the subject of political controversy, or formulating or promoting proposals for legislative action.
1. As a general concept, a judge should take care that membership or participation in any organization does not impair or seem to impair the judge's impartiality.
2. General Membership Associations of Lawyers or Judges.
a. A judge may be a member of any general membership national or international bar association, the New Jersey State Bar Association, any general membership county or local bar association; any association, institute or society devoted to the improvement of the law, the legal system or the administration of justice, or any association of judges;
b. A judge may not serve as an officer, director or trustee of any of the foregoing bar associations;
c. Subject to relevant limitations in the Code of Judicial Conduct, administrative directives or these Guidelines, judges may serve on suitable committees of the New Jersey State Bar Association; and also on suitable committees of any general membership national or international bar associations;
d. Subject to the limitations referred to in subparagraph c, judges may serve as officers, directors, trustees or committee members of other non-governmental associations or institutes devoted to the improvement of the law, the legal system or the administration of justice; or any association of judges.
3. Limited Membership Associations of Lawyers.
a. A limited membership association is one the members of which have a community of interest based upon:
(1) Type of practice: (a) all-inclusive membership; e.g. American Academy of Matrimonial Lawyers; or (b) membership limited to a particular side of litigation; e.g. Association of Trial Lawyers of America, Association of Criminal Defense Lawyers of New Jersey;
(2) Particular political issues and goals;
(3) Gender, race, national or ethnic origin;
b. Membership in (1) and (2) above is prohibited. With respect to (l)(a), judges may accept or continue regular or honorary membership in such associations unless the Supreme Court has established as a matter of policy that membership in such associations or any of them is not appropriate;
c. As to a(3) above judges may accept or continue regular or honorary membership in an association of lawyers based on gender, race, national or ethnic origin unless the Supreme Court has established as a matter of policy that membership in such associations or any of them is not appropriate;
d. Judges' consideration of whether to accept invitations by limited membership associations to lecture, speak, appear as a panel member, etc; or to attend or otherwise participate in events or activities conducted by such associations shall be governed by Guideline IIIA3b;
e. Judges' acceptance of awards, honors and tributes offered by a limited membership association shall be governed by Guideline VI.
4. Other non-governmental associations.
a. Subject to the limitations herein above, judges may be members of and serve as officers in or trustees of other non-governmental organizations devoted to the improvement of the law, the legal system, or the administration of justice.
b. Judges may not assist such organizations in raising funds nor participate in the management and investment of the assets of the organization.
9-88. A judge may be a member of a subcommittee of a County Bar Foundation to review scholarship applications and forward recommendations to the Bar Association and Bar Foundation. The Foundation is a separate body from the Bar Association.
1.1-90. A judge may accept an offer by a local lawyer to nominate the judge to be a Fellow of the American Bar Foundation.
18-90. A judge may not serve as an officer of the National Association for Victim Assistance. The organization promotes victim assistance programs nationally.
27-90. A judge may vote in a contested election for officers of a county bar association of which the judge is a member.
48-90. A judge may serve on ABA Task Force on Insurance Coverage Litigation, which will be preparing a manual for complex insurance coverage litigation.
50-90. A judge may not allow his name to be placed in nomination by a committee of NJ lawyers as an officer of the NJ Chapter of the ABA Foundation. There is an automatic progression of officers to the office of President. The chapter sends an annual letter to its members on letterhead that lists the chapter officers to remind them of their obligation as members to contribute to the scholarship fund.
77-90. A judge may continue to belong to a county bar association that has issued an analysis of gubernatorial candidates' platform proposals.
49-91. A judge may chair a panel for the Bench/Bar Conference.
62-91. A judge may serve on the Child Abuse Protocol Subcommittee of the NJSBA Family Law Committee.
7-92. A new judge may attend a National Conference on Juvenile Justice sponsored by National Council of Juvenile and Family Court judges and National District Attorneys Association (NDAA). The judge has been chair of NDAA Juvenile Justice Association and had major input on reports that would receive final approval at the conference.
8-92. A new judge may attend a meeting of the ABA Criminal Law Section Committee on Revising Standards on Trial by Jury and Discovery at which standards will receive final approval. As a member of the Committee, the judge had participated in drafting the standards.
38-92. Judges may serve on honorary dinner committee for Rutgers Newark Law School annual dinner, which is not a fundraising event, if there are no politicians on the committee.
61-92. Judge may not continue as Trustee of the NJ State Bar Foundation.
12-93. Family Division judges may attend New Jersey State Bar Association Family Law Section's Annual Dinner. Tischler Award will be presented to a practicing lawyer. Governor Florio will speak.
15-93. Judge may attend the Garden State Bar's annual scholarship dinner dance at which State Senator Wynona Lipman will be the honored guest.
20-93. Judges may attend the Association of Criminal Defense Lawyers of NJ Officer Installation Dinner. This dinner is offered annually. It is open to all lawyers, and will be advertised widely in legal journals, bar journals and newsletters. Judges would pay their own way.
47-93(b). Municipal court judge may not continue to serve on Board of Directors of county Legal Services, Inc. within the same county.
35-96. Superior Court judges, husband and wife, may accept an invitation to attend the traditional party hosted by the outgoing president of Trial Attorneys of NJ (TANJ). The outgoing president is a personal friend. TANJ is a non-partisan bar association.
12-99. Superior Court judge may accept appointment as a member of the American Bar Association's Criminal Justice Standards Committee. The Standards Committee develops and publishes, with the approval of the ABA, standards in many areas of criminal law. Members include judges, prosecutors, defense lawyers and academics. Service on this committee will not impair the judge's appearance of impartiality.
18-00. A Superior Court judge may not accept membership in the American Board of Trial Advocates (ABOTA). The nomination and election process for membership in ABOTA is analogous to the process for selecting recipients of certain awards. Guideline VIB2 provides that a judge "shall not accept an award, honor or tribute for any law-related activity where the recipient is selected through a nomination or election process." On the basis of this analogy, a Superior Court judge who has been selected to do so should not apply for membership in ABOTA.
57-94. Judge may serve on the Board of Trustees of the American Inns of Court Foundation if he is appointed not elected and so long as the judge's name does not appear in connection with fundraising.
1-98. Municipal court judge may not serve on the Law Committee of the Bergen Community Resource Council. The Community Resource Council provides health and human service assistance to anyone living or working in Bergen County through their information and referral service. The Law Committee sponsors a series of talks on various topics of current interest, some of which are political.
16-99. Superior Court judge of Portuguese heritage may be a member of the Commission for Justice Across the Atlantic. The Commission's purpose is to develop and sustain dialogue between the judicial systems of the U.S. and Portugal.
39-00. A Family Division Presiding Judge may serve as Vice President of the local chapter of the Association of Family and Conciliation Courts now under formation in New Jersey. However, because the vice-president becomes the president in the subsequent year, and the president is responsible for fundraising and other inappropriate duties, the judge is reminded of Guideline IIIE4 for guidance in deciding whether to proceed to the presidency.
30-01. Assignment Judge may serve as a member of the Advisory Board for the KITES (Kids Instructed in Tolerance through Education and Support) Program. However, the judge's name may not appear on the letterhead, the judge may not be involved in fundraising, or have contact with the bar, public defenders' office or police.
12-03. Superior Court judge may not serve on the Board of Trustees for the Wynona M. Lipman Child Advocacy Center. The Advocacy Center partners with litigants of one side only (DYFS and the County Prosecutor's Office) regarding the handling of child abuse matters. The Board of Trustees' membership includes a litigant in child abuse matters of one side only, i.e. a chief of police. Additional litigants of one side only, a representative of DYFS and the prosecutor's office, may also become Board of Trustee members. Interviews of child abuse victims are conducted by a forensic interviewer on the Advocacy Center's premises, while the interviews are simultaneously observed via closed circuit television by representatives of DYFS and the prosecutor's office. The Advocacy Center provides education to schools and elected officials regarding cild abuse and helps develop community awareness programs, and also performs fundraising and grant writing functions. The Advocacy Center also represents one side in a current political or legal issue of prominence, actively pursues specific controversial issues of local, state or national importance, and is committed to the analysis of or action on social, economic, political or other major public issues. Under the circumstances, the judge's membership on the Board of Trustees of the Advocacy Center would create the appearance of bias or partiality and the appearance of impropriety and is, therefore, inappropriate.
1. Writing, lecturing, speaking; engaging in the arts, sports and other social and recreational activities.
a. The General Guidelines apply to avocational activities.
b. Because of the range of permissible activities, judges should be particularly careful:
1) not to engage in activities that might detract from the dignity of the judicial office or interfere with the performance of judicial duties;
2) to examine the composition and purposes of any organization, group or club before joining, speaking to or otherwise becoming associated with it, in order to avoid any appearance of bias or association with bodies or groups having clear interests in litigation in state or federal courts;
3) to avoid unnecessary public controversy, or involvement in political matters.
c. Judges should not allow social relations or friendships to influence or appear to influence their judicial conduct.
d. With respect to writing for commercial publication Guideline IIIC is applicable.
2. Teaching non-legal subjects.
a. Subject to the General Guidelines and the relevant provisions of Guidelines IIIA1 and 2, judges may teach non-legal subjects.
b. In teaching non-legal subjects judges should be particularly careful to avoid entanglement in controversial issues which might detract from the dignity of the judicial office or embroil the judge in issues of a political nature.
c. As in the case of law-related teaching, the judge should notify the Supreme Court, and the Assignment or Presiding Judge in accordance with Guideline IIIB3.
3-88. A judge may be interviewed on videotape concerning the influence in his own life of ASPIRA, an organization that promotes education in the Hispanic community, provided that the videotape is shown only at the ASPIRA conference for which it was made.
4-88. A judge may not play the role of a judge in a commercial film.
16-88. A judge may be photographed in chambers with a former intern who is handicapped to illustrate an article in a pamphlet to be published by the Governor's office featuring the intern as a handicapped person who had overcome overwhelming obstacles to become not only a lawyer but a wheelchair athlete.
3-89. The New Jersey Department of Higher Education Office of Student Assistance distributes a publication called "Finding Your College in New Jersey" to encourage high school students to attend college. Among other items it carries feature stories on graduates of New Jersey colleges as role models for students. A municipal court judge was advised that she could permit this publication to feature her as a Hispanic woman of achievement.
4-89. A municipal court judge may speak at a public Veterans' Day ceremony hosted by the Veterans of Foreign Wars, although the roster of speakers also would include the mayor. The judge would confine his speech to comments on the patriotic nature of the day.
8-90. A judge may speak at the annual meeting of ASPIRA (an organization devoted to raising the educational aspirations of Hispanic Youth) concerning the judge's involvement as a youth in the organization. The committee advised that the presence of the mayor did not make this a political event.
20-90. A judge may speak as a role model at a conference sponsored by a Hispanic organization in another state.
2-91. A municipal court judge may not attend and read biblical passage at memorial service for police officers killed in line of duty. The judge had been a 1st Assistant Prosecutor. The event would be heavily attended by law enforcement people.
5-91. Issue 2 - A municipal court judge whose avocation is body building may not present trophy at body building contest at commercial gym.
25-91. A new judge may not continue to give annual party for lawyers.
29-91. A municipal court judge may not continue to serve on a country club's board of trustees where the club's liquor license must be renewed yearly and the names of board members are disclosed on the application.
37-91. A judge may not properly serve as toastmaster or as member of committee for dinner honoring County Manager who has just been signed to a 2-yr. contract. County Manager is theoretically apolitical but serves at pleasure of politicians.
23-92. A judge may participate on panel discussion with other prominent county women at the county's first Women's Conference: "What the World Holds for Women in the 21 st Century," co-sponsored by the County Executive and Rockland Electric Co.
47-92. Judge may: a. participate in poetry readings; b. be identified in publication as translator of wife's poetry, but not by title, and provided a statement appears that no compensation is received; c. submit short stories for publication, provided that publication includes a disclaimer of compensation. When the writings are published the judge may be identified as a judge in the customary biographical sketch but must not in any circumstance be so identified prior to publication; d. submit short stories to writing contests with no cash prize; e. submit short stories to writing contests with cash prize, provided contest sponsor donates the prize to charity of its choice.
19-93. A municipal court judge may judge compositions of school children aged 9-12. Others on the panel are teachers and community members.
27-93. Judge may join Order of AHEPA. The organization's purpose is to assist all Greek immigrants to achieve American citizenship and facilitate assimilation by encouraging participation in American civic life.
38-93(b). Judge may continue membership in Country Club. Club does not invidiously discriminate.
48-93. Judge may play the part of a judge in the musical "Oklahoma" given by a non-profit community theater group. The judge's name does not appear in playbill.
56-93. Judge may, at the invitation of the county executive, attend and speak at a special proclamation-signing ceremony celebrating "Women's Equality Day" commemorating the 73 rd anniversary of the ratification of the 19th Amendment to the U.S. Constitution. This is a non-partisan and non-political event.
14-94. Judge may participate as panelist in a church-sponsored public evening program on family and parenting presented in a public school.
32-94. Superior Court judge may not attend and speak at charitable event honoring a citizen for her many charitable activities to the community of Woodbridge sponsored by the George Otlowski Citizens' League.
48-94. Municipal court judge and his family may be featured on a 1 -minute TV segment for NBC NEWS on the correct way of recycling and how it is done in their home. The judge will not be identified as a judge and will not be paid.
40-94. Judge may do one-liner in the summer stock production of ANNIE playing the role of Judge Brandeis.
56-94. Municipal court judge may be guest speaker at Annual Black Women's Day Awards Banquet and receive award for being guest.
67-94. Municipal court judge may be a member of the Board of Directors of a private professional basketball organization.
7-95. Assignment Judge may address The Columbians, an organization made up primarily of businessmen and professionals of Italian-American heritage, at a monthly dinner meeting. The main purpose of this organization is to promote Italian-American heritage and culture, fellowship and charitable causes.
17-95. Superior Court judge may report to NJ Network after trip to Vietnam to communicate feelings as a Viet Nam war veteran returning to the Far East, in conjunction with the May 7 dedication of the NJ Vietnam Memorial.
32-95. Superior Court judge may not be a panelist at a "Fathering the Community Rally" sponsored by the Urban Lea