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STATE OF NEVADA
STANDING COMMITTEE ON
JUDICIAL ETHICS AND
ELECTION PRACTICES
DATED: January
31, 2008
OPINION: JE08-001
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PROPRIETY OF A JUDGE
SERVING ON AN ADVISORY
BOARD RELATED TO THE
CONSTRUCTION OF A FOR
PROFIT ENTERPRISE.
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ISSUE
May a
judge serve on an
advisory board related
to the construction of a
for profit enterprise,
with or without
compensation?
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ANSWER
No.
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FACTS
A judge
asks whether it is
appropriate for the
judge to serve on an
advisory board related
to the construction of a
for profit commercial
enterprise. The advisory
position may or may not
be for compensation.
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DISCUSSION
Canon
4D(3) of the Nevada Code
of Judicial Conduct
generally provides that
"a judge shall not serve
as an officer, director,
manager, general
partner, advisor or
employee of any business
entity ...." That Canon
includes two exceptions
which allow judges, in
limited circumstances,
to manage and
participate in "a
business closely held by
the judge or members of
the judge's family" or
"a business entity
primarily engaged in
investment of the
financial resources of
the judge or members of
the judge's family."
Those limited exceptions
do not apply here. The
prohibition of Canon
4D(3) applies whether or
not the advisory
position is a paid or an
unpaid position.
The
Commentary to that very
clear Canon is focused
entirely on the two
exceptions to the
general prohibition.
However, the Commentary
to Canon 4D(1), which is
broader in scope than
Canon 4D(3), provides
the rationale for an
absolute prohibition.
That Commentary explains
that participation by
judges in financial and
business dealings has
the potential to reflect
adversely on
impartiality, demean the
judicial office, or
interfere with the
proper performance of
judicial duties.
Moreover, such
participation can give
rise to the appearance
of impropriety, as well
as to the misuse of the
prestige of judicial
office.
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CONCLUSION
Canon
4D(3) prohibits a judge
from serving on an
advisory board related
to the construction of a
commercial for profit
enterprise, whether or
not the advisory
position comes with or
without remuneration.
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REFERENCES
Nevada Code of Judicial Conduct, Canon
4D(1), Canon 4D(3).
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__________________
This
opinion is issued by the
Standing Committee on
Judicial Ethics and
Election Practices.
It is advisory only.
It is not binding upon
the courts, the State
Bar of Nevada, the
Nevada Commission on
Judicial Discipline, any
person or tribunal
charged with regulatory
responsibilities, any
member of the Nevada
judiciary, or any person
or entity which
requested the opinion. |
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_______________________
Gordon H. DePaoli,
Esq.
Committee
Chairman |
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Last Updated:
01/31/08 03:08:47 PM
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