Saying that “judges must accept certain restrictions that might be viewed as burdensome by other members of the community,” the Supreme Court’s Committee on Judicial Ethics Opinions last week advised the state’s judges to be cautious about attending demonstrations or making public statements about racial justice and equality.
Of the two methods of expression, the Committee suggested that a written statement — over which “judges can maintain control” — could “present fewer ethical risks than participating in a public demonstration.” At a demonstration or rally, the Committee’s formal opinion stated, “Judges should . . . assume that their identity will likely be known and that their participation will be scrutinized, publicized, and depicted in reports . . . , including in press coverage or on social media.”
According to the opinion, the main concern is that attending a public demonstration or issuing a public statement might compromise a judge’s “paramount duty to comply with the judicial canons to promote the public’s confidence in judicial impartiality.”
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