Receded from in Opinion 01-01

Opinion 79-6

May 17, 1979

Re: Canon 2B, 4A

Dear Judge:

This is in response to your inquiry of March 29th, 1979, wherein you asked whether a judge, who is a member of the American Bar Association, could endorse or nominate a lawyer for the position of delegate to the American Bar.

Five of our members were of the opinion that you may. Three of these felt that while Canon 2B provides that a judge "should not lend the prestige of his office to advance the private interests of others", it must be remembered that the nomination, in this case, is being made solely as a member of the American Bar Association, and that the prestige of office does not enter into it. These three members also found persuasive Canon 4A, which states that a judge may "participate in other activities concerning the law, the legal system, and the administration of justice." Two of these members felt that you should indeed be encouraged to do so. It was also noted by one of our members that this is in accordance with our Opinion no. 75-6, dated March 27th, 1975.

Three of our members felt that inasmuch as the position of delegate to the American Bar Association is an elected position, the endorsement or nomination of a candidate to this office by a judge is a violation of Canon 2B.

The majority say you may nominate a person to the position of a delegate to the American Bar Association.

Yours truly,

James T. Carlisle, Chairman
Committee on Standards of Conduct Governing Judges

Participating members: Judges Booth, Carlisle, Haverfield, Hewitt, Richardson, Stephenson, Turne and Samuel J. Powers, Attorney