Supreme Court of Wisconsin
Judicial Conduct Advisory Committee OPINION
98-11
Date Issued:
September 23, 1998
═══════════════════════════════════
ISSUE
May a
part-time municipal judge provide services for hire in a private business as a
neutral third person?[1]
ANSWER
Yes.
FACTS
A
part-time municipal judge wishes to provide services for hire as a neutral
third person.
DISCUSSION
The
issue presented involves the provisions of SCR 60.01(8), SCR 60.05(6) and SCR
60.07(2).
SCR
60.01(8) defines a "judge" as including a municipal judge.
SCR
60.05(6) states that "A judge may not act as an arbitrator or mediator or
otherwise perform judicial functions in a private capacity unless otherwise
authorized by law."
However
SCR 60.07(2) states that SCR 60.05(6) does not apply to a part-time municipal
judge. Therefore, a part-time municipal
judge is authorized to serve as a neutral third person.
CONCLUSION
The
Committee concludes that a part-time municipal judge may serve for hire as a
neutral third person.
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. 98-11 issued by the Judicial
Conduct Advisory Committee for the State of Wisconsin this 23rd day of
September, 1998.
_________________________________
Thomas
H. Barland
Chair
[1] The judge's inquiry in this case uses the term "arbitrator/mediator,"
not "neutral third person."
In Opinion 98-6, a reserve judge made a similar inquiry also using the
term "arbitrator/mediator."
In that case the Committee noted that although SCR 60.05(6) speaks of a
"mediator" or "arbitrator," the practice of alternative
dispute resolution had expanded to include many other processes analogous to
mediation and arbitration. The
Committee also noted that § 802.12, which addresses alternative dispute
resolution, uses the phrase "neutral third person" when referring to
those who provide alternative dispute resolution services. Therefore, the Committee adopted the
statutory language of "neutral third person" when referring to those
who provide mediation, arbitration, or other settlement services. The Committee adheres to that designation in
this and future cases.