Judicial Ethics Committee Opinions - 2006

• 06-1

  Can a newly appointed judge continue to serve as a trustee on a charitable foundation which does not solicit or accept donations and whose sole purpose is to donate to other charitable and nonprofit organizations?

• 06-2
  1. Should the court be an instrument for providing brochures, pamphlets, and other informational literature for the elderly?
  2. If so, should the court limit the display of such information to nonprofit, public service types of organizations, or can the court allow the display of for-profit organizations?
  3. If so, should the court prominently display some sort of disclaimer clearly establishing the message that the court is not advocating for any of the organizations whose brochures are displayed or any of the services advertised by those organizations?
• 06-3
  1. Is it appropriate for a clerk magistrate or any employee of the court to place candidate signs in their yards?
  2. Is it appropriate for a clerk magistrate or records clerk to hand out campaign literature for a candidate?
  3. Does it make a difference if the clerk magistrate or records clerk is related to the candidate?
• 06-4

  The question presented in this case concerns a district court judge’s participation in a seminar about defense of driving under the influence (DUI) cases, titled “DWI Defense in the 21st Century,” put on by the Nebraska Criminal Defense Attorneys Association (NCDAA). The question is whether the judge’s participation is proper where he intends to present his perspective on effective motions to suppress; the title of his presentation in seminar publicity materials suggests that his presentation is, “A Judge’s Personal Perspective on Motions to Suppress. What’s Effective and What’s Not.” Other featured speakers are nationally known experts on various topics about challenging DUI charges, and the seminar publicity materials make clear that the NCDAA is committed to supporting criminal defense attorneys and solicits membership and payment of membership dues.

• 06-5

  (1) Can a judge serve on a committee to explore policy for a local high school board of education? (2) Can a judge appear at a public hearing before a board of education or one of its committees?

• 06-6

  Can a judge serve individually or on a panel with other persons as a judge who selects winners in speech contests, pageants, talent shows or other similar events sponsored by various non-profit groups or service clubs?

• 06-7

  (1) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from attorneys that practice before the judge?
  (2) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from nonattorneys that are acquaintances or friends of the judge?