Judicial Ethics Advisory Committees by state Links to web-sites at https://www.ncsc.org/Topics/Judicial-Officers/Ethics/State-Links.aspx *Also has disciplinary responsibilities Committee establishment Types of opinions Composition Effect of opinions in discipline cases Alabama Judicial Inquiry 9 members: 1 appellate judge; 2 Admissible on behalf of judge to Commission* circuit judges; 1 district judge; 2 whom opinion is directed Commission Rule 17 members of the state bar; 3 non- lawyers Alaska Commission on Judicial Informal verbal guidance by 9 members: 3 judges; 3 lawyers; 3 Reliance on formal opinion is an Conduct* members and staff non-lawyers absolute defense to disciplinary Commission Rule 19 Written formal opinions by proceedings concerning the identical commission facts; if there are distinguishing facts, reliance is good faith defense. Informal opinions have no legal effect Arizona Judicial Ethics Advisory Informal opinions 9 members: 7 judges; 1 attorney; 1 Reliance on formal opinion may be Committee Formal opinions designee of administrative office of raised as defense Supreme Court Rule 82 the court Arkansas Judicial Ethics Advisory Oral advice 3 members: no more than 2 retired Advisory only; not binding on Committee Advisory opinion judges and 1 lawyer Commission or Supreme Court. Created by Judicial Discipline & Compliance by requesting individual Disability Commission with written opinion is evidence of good faith; compliance with oral opinion is not evidence of good faith California Supreme Court Advisory Formal written opinions 12 active or retired justices of a Advisory only Committee on the Code of Judicial Informal written opinions court of appeal or judges of superior Ethics Oral advice court, including at least 1 justice California Rules of Court, Rule from a court of appeal and 1 9.80(e)(1) subordinate judicial officer employed full-time by a superior court California Judges Association Ethics 15 judges Do not have the force of law Committee Colorado Judicial Ethics Advisory Advisory opinion 7 members: 4 judges; 1 lawyer; 1 Advisory only; not binding. Board Oral opinion law professor; 1 non-lawyer citizen Compliance with written opinion Chief Justice Directive 94-01 considered evidence of good faith. Compliance with oral advice not evidence of good faith Connecticut Committee on Judicial Formal or informal advisory 5 members: 4 judges or judge trial Advisory only; not binding Ethics opinions referees, 1 law profession Supreme court rule Emergency staff opinion Delaware Judicial Ethics Advisory 7 members: 1 judge from each of “A judge who has requested and Committee the courts of chancery, superior relied upon an opinion shall be Court on the Judiciary Rule 18 court, family court, court of common entitled to introduce that opinion as pleas, justice of the peace court evidence that conduct conforming to the opinion is prima facie permissible pursuant to the Delaware Judges’ Code of Judicial Conduct.” Florida Judicial Ethics Advisory Has election practices subcommittee 12 members: 3 district court of Not binding; Judicial Qualifications Committee appeals judges; 4 circuit court Commission may, in its discretion, Supreme Court order judges; 3 county court judges; 2 consider actions in accordance with public members an opinion as evidence of a good faith but no opinion issued to one judge shall be authority for conduct, or evidence of good faith, of another judge unless facts are identical Georgia Judicial Qualifications Informal opinion by staff 3 members: 1 judge; 1 non-lawyer; Informal opinion is not a defense to Commission* Formal opinion by hearing panel 1 lawyer a complaint or binding on Commission Rule 28, adopted by the investigative panel, hearing panel, or supreme court Supreme Court, but action in accordance with and in reasonable reliance on written informal advisory opinion considered in mitigation of discipline. Compliance with approved or modified formal advisory opinion considered evidence of good faith “to the extent that the underlying facts are identical.” Compliance with and reasonable reliance on formal advisory opinion “not reviewed by the Supreme Court shall be considered in mitigation of discipline.” Hawaii Commission on Judicial Informal opinion 7 members: 3 lawyers; 4 non- Complete defense for judge to Conduct* Formal opinion lawyers whom opinion was issued; mitigating Supreme Court Rule 8.15 factor for other judges who acted reasonably in reliance on opinion Illinois Judicial Ethics Committee Letter opinion 12 members: 6 judges from IJA; 3 Not binding State Bar Association, Chicago Bar Formal opinion lawyers from ISBA; 3 lawyers from Association, and Illinois Judges CBA Association Indiana Commission on Judicial 7 members: chief justice is chair ex Not binding on Supreme Court; Qualifications* officio; 3 lawyers; 3 non-lawyers Commission considers compliance Indiana constitution with opinion to be evidence of good faith Kansas Judicial Ethics Advisory No more than 3 retired justices or Not binding; request for and reliance Panel judges on advisory opinion shall be taken Supreme Court Rule 650 into account by Commission on Judicial Qualifications Ethics Committee of the Kentucky Informal opinion 5 members: 1 court of appeals Advisory only; Judicial Retirement Judiciary Formal opinion judge; 1 circuit court judge; 1 district and Removal Commission and Supreme Court Rule 4.310 court judge; 2 lawyers supreme court “shall consider reliance by a justice, judge, or trial commissioner upon the Ethics Committee opinion.” Louisiana Supreme Court 11 members: chief justice and 1 Not binding Committee on Judicial Ethics other member of supreme court; Addendum to code of judicial chair of conference of court of conduct adopted by supreme court appeals judges and 1 other court of appeals judge; president of district judges association and 2 other district judges; 1 juvenile or family court judge; president of city judges association; judicial administrator; president of bar association Maine Judicial Ethics Committee Formal opinions 7 members: currently, 1 district Advisory only; not binding on Administrative order of Supreme Informal opinions court judge; 1 superior court judge; judicial official who submitted Judicial Court 1 probate court judge; 1 lawyer from request, Committee on Judicial department of attorney general; 1 Responsibility or Disability, or any other lawyer; 2 non-lawyers court. Reliance on opinion by requesting judicial official given substantial weight in evaluating conduct in disciplinary proceedings. Reliance on and compliance with informal advisory opinion is factor to be taken into consideration in subsequent disciplinary proceedings. Formal opinions may be received in evidence and considered on interpretation of code of judicial conduct in any proceeding in Maine courts or before the Committee on Judicial Responsibility and Disability Maryland Judicial Ethics Committee Letter of advice 9 members: 1 judge of the court of Judge who requests and complies Rule 16-812.1 Written opinion special appeals; 2 circuit court with opinion or letter of advice “is judges; 2 judges of the district court; protected from a charge of violation 1 judge of an orphans’ court; 1 clerk of that ethics provision.” of a circuit court; 1 judicial appointee as defined in Rule 16-814; 1 non judge or other officer or employee of the judicial branch Massachusetts Committee on Informal opinions 5 members: at least 3 judges or Reliance on an informal opinion is Judicial Ethics Letter opinions former judges mitigating factor if judge did not Supreme Judicial Court Rule 3:11 Emergency letter opinions omit or misstate any material fact in request. “A judge shall not be disciplined for conduct undertaken in reasonable reliance on a Letter Opinion issued to that judge . .” Michigan State Bar Standing 10 members: members nominated Opinions “do not have the force and Committee on Judicial Ethics by judges association, probate effect of law and may not be relied judges association, district judges upon as an absolute defense to a association, referees association, charge of ethical misconduct.” and association of district court magistrates; 3 additional judge members, 1 commissioner liaison, 1 state bar liaison Minnesota Board on Judicial 10 members: 1 court of appeals Not binding; considered as having Standards* judge; 3 district court judges; 2 precedential weight Created by statute; rules lawyers; 4 non-lawyers promulgated by supreme court Missouri Commission on 6 members: 1 appellate court judge; Not binding; compliance is evidence Retirement, Removal & Discipline* 1 circuit court judge; 2 lawyers; 2 of good faith Created by constitution non- lawyers Nebraska Ethics Advisory 7 members: 2 district court judges; Not binding; judge who requested Committee 2 county court judges; 1 court of and relied on opinion may offer Appendix A to code of judicial appeals judge; 2 judges from courts opinion in disciplinary proceeding conduct other than supreme court Nevada Standing Committee on 30 members: 12 attorneys; 12 non- Not binding Judicial Ethics attorneys; 6 judges Supreme Court order New Hampshire Advisory 5 members: at least 3 judges or Not binding. Judicial Conduct Committee on Judicial Ethics retired judges Committee and Supreme Court, Supreme Court rule 38-A “may, in their discretion, consider compliance with an advisory opinion by the requesting individual to be evidence of a good faith effort to comply with the Code of Judicial Conduct.” New Jersey Advisory Committee on Informal opinion At least 9 members: