Ethics panel says judges may ask lawyers to fight court cuts
SAN FRANCISCO -- A new California judicial ethics committee issued its first formal opinion Friday, deciding that judges may solicit attorneys to lobby for funding for the courts.
The Committee on Judicial Ethics Opinions, responding to a request from an undisclosed person, said judges may ask lawyers to write op-ed pieces and lobby the community and the Legislature about court budget cuts as long as the request is not coercive.
“In presenting information and requesting assistance, a judge may not hint of retribution or bias against an attorney or firm for not acquiescing in the request or otherwise place pressure on an attorney to assist,” the written opinion said.
A judge’s request also should not appear to give an attorney any influence over the judge or create an appearance of a conflict of interest, the committee said.
“One way a judge might avoid the appearance of favoritism is by prefacing any request with the caveat that help is sought from anyone willing to volunteer, but without any expectations or benefits attached,” the committee wrote.
During the state’s budget crisis, leaders of the bar have worked alongside judges in decrying a loss of funding for the courts and lobbying the Legislature.
The 12-member ethics committee, the brainchild of former Chief Justice Ronald M. George, was appointed by the California Supreme Court but acts independently of all agencies. Its advisory opinions are published at www.JudicialEthicsOpinions.ca.gov.
Most committee members are appeals court justices or judges. They respond to questions about ethics from both judges and members of the public.
Although created years ago, the committee was slow to start because of a lack of funding. Its work complements that of the California Judges Assn., which operates a hot line for ethics questions for judges only.
Appeals Court Justice Ronald B. Robie, head of the committee, told reporters that judges should always consider whether their actions might create an appearance of impropriety.
“If you are in the middle of a trial with somebody I think it is prudent not to be dealing with them,” Robie said during a news conference.
The committee has already issued some informal opinions, including one that advised a judge against hiring his wife as a research attorney.
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