Connecticut
Committee on Judicial Ethics
Informal Opinion
Summaries
2013-32 (Emergency Staff Opinion issued June 24, 2013)
Recommendations;
Disclosure/Disqualification;
Rules 1.2, 1.3 &
2.11
Issue: May a Judicial Official authorize an
Executive Branch employee to include the name of the
Judicial Official on the employee’s resume/letter of
application for a position at another Executive
Branch agency?
Additional Facts: The Judicial
Official has personal knowledge of the employee and
his/her qualification for the position. The
employee is not a relative, as defined in C.G.S. §
51-39a or the Code of Judicial Conduct. The
employee’s current agency regularly appears before
the Judicial Official in adversarial proceedings and
the employee regularly appears before the Judicial
Official or prepares records for use by a co-worker
who appears before the Judicial Official.
Response:
The inquiry was circulated to the Committee members
and input solicited. Rule 1.2 of the Code
states that a judge “should act at all times in a
manner that promotes public confidence in the …
impartiality of the judiciary, and shall avoid
impropriety and the appearance of impropriety.
The test for appearance of impropriety is whether
the conduct would create in reasonable minds a
perception that the judge violated this Code or
engaged in other conduct that reflects adversely on
the judge’s honesty, impartiality, temperament, or
fitness to serve as a judge.”
Rule 1.3 of
the Code states that a judge “shall not use or
attempt to use the prestige of judicial office to
advance the personal or economic interests of the
judge or others, or allow others to do so.”
The Commentary to Rule 1.3 states, in relevant part,
as follows:
(2) A Judge may provide
a reference or recommendation for an individual
based on the judge’s personal knowledge. The judge
may use official letterhead if the judge indicates
that the reference is personal and if the use of the
letterhead would not reasonably be perceived as an
attempt to exert pressure by reason of judicial
office.
Rule 2.11 states, in relevant part, that a judge
shall disqualify himself or herself in any
proceeding in which the judge’s impartiality might
reasonably be questioned.
The propriety of furnishing a letter of
recommendation or serving as a reference for
employment purposes has been addressed by the
Committee in numerous prior opinions. See JE
2008-01, JE 2008-03, JE 2008-26, JE 2009-08, JE
2009-13, JE 2011-01, JE 2011-18A & 18B, JE 2011-19
and JE 2012-27.
In general, this Committee has concluded that a
Judicial Official may provide references or
recommendations subject to the following conditions:
(1) The
recommendation should be based on personal knowledge
of the applicant’s qualifications (see Rule 1.3
comment 2);
(2)
The applicant is not a relative within the meaning
of the Code or General Statutes § 51-39a;
(3) If the
recommendation is furnished in writing on official
letterhead, the Judicial Official should indicate
that the recommendation constitutes the Judicial
Official’s personal opinion (see Rule 1.3 comment
2);
(4)
Persons/entities receiving the recommendation do not
have cases pending before the Judicial Official at
the time the recommendation is provided or for a
reasonable period of time after the submission of
the letter of recommendation; however, in JE
2012-27, the Judicial Official was permitted to
provide a letter of recommendation for an applicant
for a supervisory position in the Office of Public
Defender Services even though the Public Defenders
appeared before the Judicial Official, although the
applicant did not appear and was not likely to
appear if he or she received the new position;
(5) If the Judicial
Official believes that recusal would be required in
order to comply with condition (4) because his or
her fairness would be impaired, and that recusal is
likely to be frequent, the Judicial Official should
not provide the letter of recommendation;
(6) The letter should be
specific to the position being sought (see
JE 2008-26);
(7) The Judicial Official may not provide a
recommendation in adversarial proceedings (see
JE 2008-15);
(8) The Judicial Official may not provide a
recommendation in connection with government
employment that might suggest inappropriate
political activity, but may be listed as a reference
(see
JE 2009-13 &
JE 2011-19).
Based upon the information provided, and in
particular that the employee or his or her agency
regularly appear before the Judicial Official in
adversarial proceedings, consistent with Rules 1.2,
1.3 and 2.11, the Judicial Official was advised that
the Judicial Official should not consent to the use
of his or her name as a reference.
Committee on Judicial Ethics
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