Supreme Court of Wisconsin
Judicial Conduct
Advisory Committee OPINION 01-1
Date Issued: January 8, 2002
ISSUE
May a
judge serve on a County Community Correction Advisory Board?
ANSWER
Yes.
FACTS
A
judge wishes to be a member of County Community Corrections Advisory
Board. The purposes of the Advisory
Board are to develop community resources, build community partnerships, and
establish restorative justice initiatives.
No individual cases would be discussed or dealt with by the Board. Other members of the Board are prosecutors,
public defenders, private attorneys engaged in criminal defense work, probation
and parole agents, advocates for victims of domestic violence, members of the
press, and other community leaders..
DISCUSSION
The
Committee concludes that the issue presented involves provisions of SCR
60.03(3)(c), SCR 60.05(3)(c) states as follows:.
A judge may serve as an
officer, director, trustee, or nonlegal advisor of an organization or
government agency devoted to the improvement of the law, the legal system or
the administration of justice or of a non-profit educational, religious,
charitable, fraternal, sororal or civic organization subject to the following
limitations and the other requirements of this chapter..
The
committee believes the participation of the judge in this Community Correction
Advisory Board is clearly permitted under SCR 60.05(3)(c). The involvement of the judge, with others
involved in the criminal justice system, is an attempt to improve and develop
community resources, build community partnerships, and especially to establish
restorative justice, is not only permitted but encouraged. None of the limitations and exceptions
listed under SCR 60.06(3)(c)(2)(a) and (b) appear to apply to this
organization, because this organization is not likely to be involved in
litigation. However, the judge should
not participate in fund raising, membership solicitation or otherwise lend the
prestige of office to such activities in this organization decides to engage in
them.
CONCLUSION
The
committee concludes that a judge may serve on a County Community Correction
Advisory Board whose goal is to develop community resources, build community
partnerships, and establish restorative justice..
APPLICABILITY
This
opinion is advisory only, is based on the specific facts and questions
submitted by the petitioner to the Judicial Conduct Advisory Committee, and is
limited to questions arising under the Supreme Court Rules, Chapter 60--Code of
Judicial Conduct. This opinion is not
binding upon the Wisconsin Judicial Commission or the Supreme Court in the
exercise of their judicial discipline responsibilities. This opinion does not purport to address
provisions of the Code of Ethics for Public Officials and Employees, subchapter
III of Ch. 19 of the statutes.
I
hereby certify that this is Formal Opinion No. 01-1 issued by the Judicial
Conduct Advisory Committee for the State of Wisconsin this _____ day of
January, 2002.
________________________________
Thomas H. Barland
Chair