The Committee on Judicial Ethics Opinions is seeking comment on a draft opinion regarding outside speakers who provide presentations to judges and court staff.
The proposed ethics rule allows courts to invite outside speakers and groups if:
- Their presentation does not undermine judicial impartiality
- The speakers represent a balance of interests and viewpoints
- The presentation would not lend judicial prestige to advance the outside speaker’s interests
- The presentation does not include improper political activity
- The outside speaker is not involved, or likely to become involved, in litigation before the court
“The code broadly permits and encourages judicial education. To this end, courts may invite outside speakers and groups to provide educational presentations to judges and court staff on issues relevant to the work of the courts or judicial branch,” the draft opinion reads.
To provide a balance of viewpoints and avoid the impression of special influence, the draft opinion says a court can either invite speakers who hold different perspectives to speak on a panel, or to host them in a series of sessions.
The draft opinion encourages neutral think-tanks to be invited to speak as opposed to advocacy organizations, to avoid improperly lending judicial prestige to the group.
The commenting period ends May 29. People can comment online, by emailing Judicial.Ethics@jud.ca.gov or by mailing a letter to the committee.
In January, the committee issued an opinion that said trial judges who issued bench warrants based on a failure to appear, or accepted a plea agreement, are not required to disqualify from subsequent hearings or cases involving those matters.
The committee is also considering guidelines that would allow presiding judges to transmit courtside communications at the request of outside parties when transmitting courtside communications to colleagues. Comment period for the draft opinion ended March 23. Two Los Angeles Superior judges provided comments in favor of the opinion.
Read the full draft opinion here.
