Question:   A part-time justice court judge has asked whether a part-time judge may accept a membership in the Association of Trial Lawyers of America.

Answer:   A part-time justice court judge may accept a membership.

Discussion:   In Informal Opinion 01-4 this Committee determined that a judge could not accept a membership to the Association of Trial Lawyers of America. The Committee relied upon Canon 2A and Canon 4A for its conclusion. Canon 2A requires a judge to exhibit conduct that promotes public confidence in the integrity and impartiality of the judiciary. Canon 4A requires a judge to ensure that the judge's extra-judicial activities are in accordance with this requirement. The Committee has not addressed whether a part-time judge can accept a membership to ATLA. ATLA membership was prohibited because ATLA is a plaintiff's organization and membership would reflect negatively on the public's perception of impartiality.

Canons 2A and 4A apply to part-time justice court judges. However, these canons should be construed in light of the realities of part-time justice court judges' practices. Part-time justice court judges are permitted to practice law. There are certain restrictions on a part-time judge's practice, such as limitations on criminal law practice, but a judge may practice law in civil cases. However, the Code of Judicial Conduct does not restrict a part-time justice court judge's law practice in the area of civil matters. A part-time justice court judge could concentrate his or her practice on plaintiff's litigation, or defense work. Because a part-time justice court judge may concentrate his or her practice in this manner, the Code of Judicial Conduct should not be construed to prohibit membership in a speciality bar association. This would include membership in the Association of Trial Lawyers of America. The public's perception of impartiality is not compromised by permitting part-time justice court judges who practice law in a specific area to associate with an organization focusing on that area. A part-time justice court judge may therefore accept membership in this organization.