The Ethics Advisory Committee has been asked for its opinion as to whether judges may serve as members of the Judiciary Subcommittee of the Utah Substance Abuse Coordinating Council. Subsequent to the receipt of the opinion requests, the Utah Legislature changed the name of the Council to the Utah Substance Abuse and Anti-Violence Coordinating Council ("USAAV").

USAAV is a legislatively created governmental agency which meets at least quarterly to provide leadership and generate unity for Utah's ongoing efforts to combat substance abuse and community violence; foster the coordination of statewide substance abuse and anti-violence policies, facilitate planning for a balanced continuum of substance abuse and community violence prevention, treatment, and criminal justice services, promote collaboration and mutually beneficial public and private partnerships; and coordinate recommendations made by its subcommittees (the Criminal Justice Subcommittee, the Prevention Subcommittee, the Treatment Subcommittee, the Judiciary Subcommittee, and the Anti-Violence Subcommittee). Utah Code Ann. H 63-25-10 and 63-25-11. By statute, each subcommittee is charged with recommending statewide substance abuse and anti-violence policies; developing priorities for programs to combat substance abuse and community violence; and recommending executive, legislative, and judicial action based upon policy needs and identified gaps in the continuum of services. Utah Code Ann. 63-25- 13. USAAV reports annually to the governor and the Legislature.

The Judiciary Subcommittee is comprised of 20 members, among them, three state trial judges, one state appellate judge, one justice court judge, and five non-judge court employees -- all appointed by the Judicial Council. Other Judiciary Subcommittee members are designated by specified governmental agencies or the Utah State Bar. The chair of the Judiciary Subcommittee sits on USAAV, and four additional members of the Judiciary Subcommittee sit on the other subcommittees, one member for each subcommittee.

The Judiciary Subcommittee has adopted the following mission statement:

            The mission of the Judiciary Subcommittee of the Utah Substance Abuse and Anti-Violence Coordinating Council is to provide a forum for education, coordination, and communication on violence and drug-related issues that affect the total judicial system; and to enhance multidisciplinary cooperation while preserving judicial independence.

Canon 4C(2) of the Code of Judicial Conduct provides in part:

  A judge shall not accept appointment to a governmental committee or commission or other governmental 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.

To the extent the Judiciary Subcommittee's activities are limited to those three areas, judges may serve. However, where the activities of the Judiciary Subcommittee involve issues of fact or policy on matters unrelated to the improvement of the law, the legal system or the administration of justice, the Code bars participation. Informal Opinion 88-2.

The Subcommittee's statutory mandates are very broadly written -- it must recommend statewide substance abuse and anti-violence policies; develop priorities for programs to combat substance abuse and community violence; and recommend executive, legislative, and judicial action based upon policy needs and identified gaps in the continuum of services. Those purposes go far beyond the permissible purposes identified by the Code. The Subcommittee's mission statement, on the other hand, is more narrowly tailored and restricts, at least in principle, the Subcommittee's actions to issues that affect the judicial system. To the extent the Subcommittee can effectively limit its purposes to those set forth in the mission statement or the three areas allowed by the Code, judges may serve on the Subcommittee. If that cannot be accomplished, judges may not serve on the Subcommittee.

Because the Committee believes that none of the other four subcommittees or USAAV will be able to narrowly tailor their respective purposes to the three areas allowed by the Code, judges should not sit on any of the other subcommittees or USAAV. Because each governmental committee and commission has unique functions and mandates, the Committee expresses no opinion as to the general propriety of serving on other committees and commissions. Each must be examined independently to determine whether service is appropriate under the Code.