2008-24 (December 18, 2008)
Governmental Commissions; Canons 2, 3 & 5

Issue: May a Judicial Official serve as a member of a team appointed by one municipality to meet with a team appointed by a second municipality and a private mediator in an attempt to resolve a dispute between the municipalities?

Response: Based upon the facts provided, including that there is related pending federal litigation and it is foreseeable that there will be additional litigation if the mediation is unsuccessful, the Committee unanimously agreed that the Judicial Official was prohibited from serving on such a team by virtue of the prohibition in Canon 5 (g) barring a Judicial Official from accepting appointments to a governmental committee, commission or position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice. The Committee also was concerned with potential violations of Canon 2’s prohibition on lending the prestige of judicial office to advance the private interests of others, Canon 3(a)(6)’s prohibition on public comments about a pending or impending proceeding in any court, and Canon 5(f)’s prohibition on the practice of law.