Judge David Chen, a municipal court judge, is a talented amateur musician. He frequently performs at local charity events and community festivals, often without charge. A local newspaper article praises his musical abilities and mentions his judicial position. Which of the following statements best describes the ethical permissibility of Judge Chen's extrajudicial musical activities?
- AHis activities are permissible only if he explicitly refrains from mentioning his judicial title at these events.
- BHis activities are permissible as long as they do not interfere with his judicial duties and do not demean the judicial office.
- CHis activities are permissible, but he must charge a reasonable fee for all performances to avoid the appearance of impropriety.
- DHis activities are impermissible because they involve public appearances that could be seen as leveraging his judicial position for personal acclaim.
Show answer & explanationAnswer & explanation
Correct answer: B. His activities are permissible as long as they do not interfere with his judicial duties and do not demean the judicial office.
Judges are permitted to engage in extrajudicial activities that are not incompatible with their judicial office and do not interfere with the proper performance of their judicial duties. Performing at charity events as an amateur musician, even if his judicial position is mentioned, generally falls within permissible activities as long as it does not exploit the office or demean it.
Why the other options are wrong
- A. While judges should generally avoid using their title for personal gain, merely having his judicial position mentioned by a third party in relation to a permissible activity does not automatically make the activity impermissible.
- C. There is no ethical requirement for a judge to charge a fee for all extrajudicial performances, especially for charity or community events. Charging a fee is not the determining factor for permissibility.
- D. Public appearances are generally allowed if they do not exploit the judicial office. Simply being mentioned as a judge in relation to a permissible activity is not inherently leveraging the position improperly.
Extrajudicial Activities (Civic/Charitable)
Judges may engage in extrajudicial activities, including civic, charitable, educational, religious, social, financial, fiduciary, and governmental activities, provided they do not interfere with judicial duties or demean the office.
- Permitted if not incompatible with judicial office.
- Must not interfere with judicial duties.
- Must not demean the judicial office.
- Can participate in community events.
Memory trick: Outside the court, a judge's part must be smart, not a dart.