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October 1, 1993
The Honorable David Newbern
Associate Justice
Supreme Court of Arkansas
Justice Building
Little Rock, AR 72201
RE: 93-06
Dear Justice Newbern:
This is in response to your letter of September 27,
1993 with attached memorandum wherein you advised that you are a member to two bands which
have been requested to play at a fund-raising radio broadcast performance for public radio
stations KLRE-KUAR. You stated that neither your name nor position will be mentioned and
that no person being solicited would even know that you are performing.
We find this fact situation clearly distinguishable
from those in our Opinion No. 93-03 because in that case participation of judges would be
publicized and spectators would actually be encouraged to "support" their
favorite teams by contributing money for each run scored.
There are numerous opinions from other jurisdictions
allowing participation by judges in activities such as this and we are of the opinion that
your playing in the bands under these circumstances would not violate the Arkansas Code of
Judicial Conduct.
Very truly yours,
For the Committee
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