The Arkansas Lawyer magazine Summer 2001

Page 41

Judicial Advisory Opinions The Judicial Advisory Opinions are written and provided by the Judicial Discipline and

DislIbi/ity Commission_ Honorable Rice Vanausdall Honorable Howard Templeton Honorable Vic Fleming April 5, 2001 RE: Advisory Opinion # 2001-02 Dear Judges Vanausdall, Templeron and Fleming: You have asked about the propriety of being a "Judicial Fellow" of Association of Trial Lawyers of America. ATLA's letter ro you, which you provided us, asks you to "accept recognition by ATLA as a Judicial Fellow." ATLA offers you a complimenrary subscription to Trial magazine and complimenrary registration for ATLA conventions. This Committee has previously dealt with this issue in Advisory Opinions 99-04 and 99-07. We conclude that a full-time judge could not be a member of ATLA or any other organization that outwardly favors one side or consisrently rakes one side in legal issues. To do so would violare the prohibition against the "appearance of impropriety" contained in Canon 2 and might raise doubt on the judge's ability to decide impartiality as required by Canon 4. The prohibition applies regardless of whemer membership dues are required. ATLA's letter recognizes our concerns. Its closing paragraph states that "several supreme courts have ruled it unethical for judges to join organizations that represent a single side in legal disputes." However, we see no difference in being a member of ATLA, a "Judicial Fellow of ATLA", or any other appellation that ATLA may conceive. Such an ourward association does nOt encourage the integrity and independence of the judiciary. We emphasize again tha, any judge may receive free publications from ATLA, may accept complimentary registration at ATLA conventions, and may speak at ATLA programs. But public and ongoing identification as a member, fellow, or supporter, no matter what phrase is used, is inappropriate.

me

on being named Chairperson of the Board of Governors of the Arkansas Bar Association

Cross, Gunter, Witherspoon & Galchus, P.C. 500 PRESIDENT CLINTON A VENUE, SUITE 200 LITTLE ROCK, AR 72201 • (501) 371-9999 5401 ROGERS AVENUE, SUITE 200 FORT SMITH, AR 72903 • (501) 783-8200

http://www.cgwg.com

Check it out! www.arkbar.com 1'01. ~6

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