Rule 3.2 Appearances Before Governmental Bodies and Consultation with Government Officials

COMMENT:

[1]Judges possess special expertise in matters of law, the legal system, and the administration of justice and may properly share that expertise with executive or legislative bodies or officials.

[2]In appearing before governmental bodies or consulting with government officials, judges must be mindful that they remain subject to other provisions of this Code, such as Rule 1.3, prohibiting judges from using the prestige of office to advance their own or others’ interests, Rule 2.10, governing public comment on pending and impending matters, and Rule 3.1(c), prohibiting judges from engaging in extrajudicial activities that would appear to a reasonable person to materially impair the judge’s independence, integrity, impartiality, temperament, or fitness to fulfill the duties of judicial office.

Code Comparison

The Hawaiʻi Revised Code of Judicial Conduct modifies ABA Model Code Comment [2] by (1) substituting “materially impair” for “undermine” and (2) adding “temperament, or fitness to fulfill the duties of judicial office.”

[3]In general, it would be an unnecessary and unfair burden to prohibit judges from appearing before governmental bodies or consulting with government officials on matters that are likely to affect them as private citizens, such as zoning proposals affecting their real property. In engaging in such activities, however, judges must not refer to their judicial positions and must otherwise exercise caution to avoid using the prestige of judicial office.