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September 29, 1995
Honorable Morris W. Thompson
Circuit Judge, Sixth Judicial District
Pulaski County Court House
Little Rock, AR 72201
RE: Advisory Opinion 95-05
Dear Judge Thompson:
Your letter of September 20, 1995 asks whether the
Arkansas Code of Judicial Conduct permits you to accept and teach in an adjunct capacity
in Shorter College's Paralegal Program. You have submitted a curriculum reflecting a
course of study involving basic concepts of substantive and procedural law, research,
court structure and organization, legal process, and the like, designed to prepare
individuals for paralegal and related occupations.
Canon 4(B) provides that a judge Amay speak, write,
lecture, teach on and participate in other extra-judicial activities conveying the law,
the legal system, the administration of justice and non-legal subjects, subject to the
requirements of the Code. The commentary to canon 4(B) reads (in part):
as a judicial officer and person learned in the law,
a judge is in a unique position to contribute to the improvement of the law, the legal
system, and the administration of justice, including revision of substantive and
procedural law and improvement of criminal and juvenile justice. To the extent that time
permits, a judge is encouraged to do so, either independently or through a bar
association, judicial conference or other organization dedicated to the improvement of the
law.
It should be noted that Canon 4(A)(3) provides that
such extra-judicial activities should not be permitted to Ainterfere with the proper
performance of judicial duties. Moreover, a judge may be compensated for such activities
so long as the compensation is reasonable, does not exceed what others would receive for
comparable services, and does not give the appearance of impropriety or of influencing the
judge's judicial duties.
In the opinion of the Judicial Ethics Advisory
Committee, it would not conflict with Canon 4 for you to teach in the areas designated.
Yours very truly,
Steel Hays
For the Committee |