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April 20, 1999
Honorable Rice Van Ausdall
Circuit/Chancery Judge
P.O. Box 500
Harrisburg, Arkansas 72432
RE: Advisory Opinion # 99-04
Dear Judge Van Ausdall:
You have asked the Committee whether, as Circuit/Chancery judge, it
is permissible for you to maintain membership in the American Trial Lawyers Association
and in the Arkansas Trial Lawyers Association, both of which were extended to you on a
complimentary basis, that is, without the yearly membership fee of $100.
Canon 2A provides in part:
A. A judge shall respect and comply with the law and shall act at
all times in a manner that promotes public confidence in the integrity and impartiality of
the judiciary.
Canon 4A provides:
A JUDGE SHALL SO CONDUCT THE JUDGE'S EXTRA-JUDICIAL ACTIVITIES AS TO
MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL OBLIGATIONS
A. Extra-juridical Activities in General. A judge shall conduct all
of the judge's extra-judicial activities so that they do not:
(1) cast reasonable doubt on the judge's capacity to act impartially
as a judge;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.
In the opinion of the Committee, membership in professional
organizations which are dedicated to promoting the interests of either the plaintiffs' bar
or the defendants' bar and its clientele gives an appearance of impropriety by calling
into question the judge's ability to preside in certain cases with unquestionable
impartiality. We note that in other jurisdictions (Arizona, Georgia, Florida, and
Louisiana) judicial advisory committees have reached the same conclusions.
For the reasons stated, the Committee believes it would be
inappropriate for you to maintain memberships in these associations during your judicial
tenure.
Yours very truly,
Steele Hays
For the Committee
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