(A) Judges may engage in activities concerning the law, the legal system, and the administration of justice, provided that doing so will not interfere with the performance of their official duties or cast doubt on their capacity to impartially decide any issue. (1) Judges may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice. (2) Judges may serve as members of an organization or governmental agency concerning the law, the legal system, or the administration of justice. Judges shall not give investment advice to such an organization, but they may serve on its board of directors or trustees and participate in its management, even when governance includes the responsibility for approving investment decisions. (3) Judges may assist such organizations in raising funds, and may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice, but judges shall not personally solicit funds during public fundraising activities.(B) Judges may participate in educational, religious, charitable, fraternal, or civic activities that do not reflect adversely upon their impartiality or interfere with the performance of their judicial duties. (1) Judges may serve as officers, directors, trustees, or non-legal advisors of educational, religious, charitable, fraternal, or civic organizations not conducted for the economic or political advantage of their members, subject to the following limitations: (a) judges shall not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before them; (b) judges shall not serve if it is likely that the organization will be regularly engaged in adversary proceedings in any court; and(c) judges shall not give investment advice to such an organization, but they may serve on its board of directors or trustees and participate in its management, even when governance includes the responsibility for approving investment decisions. (2) Judges shall not personally solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of their office for that purpose, but they may be listed as officers, directors, or trustees of such organizations.Commentary:
[1] To the extent that time permits, and judicial independence and impartiality are not compromised, judges are encouraged to engage in appropriate law-related activities. As a judicial officer and person specially 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, either independently or through a bar association, judicial conference, or other organization dedicated to such improvements.
[2] Judges should be aware of the prohibitions in OCGA § 21-5-11 relating to the acceptance of a monetary fee or honorarium for a speaking engagement or participation in a seminar, discussion panel, or other activity that directly relates to the official duties or office of a public officer.
[3] The changing nature of some organizations and of their relationship to the law makes it necessary for judges regularly to re-examine the activities of each organization with which they are affiliated, to determine if it is proper for them to continue their relationship with it. For example, in many jurisdictions charitable hospitals are now more frequently in court than in the past. Similarly, the boards of some legal aid organizations now make policy decisions that may have political significance or imply commitment to causes that may come before the courts for adjudication.
Adopted effective January 1, 2016; Commentary [1] amended effective September 22, 2016.