Supreme Judicial Court Rules
Code of Judicial Conduct: Canon 3

Supreme Judicial Court Rules  Rule 3.4 Appointments to governmental positions

Effective Date: 01/01/2016
Updates: Adopted October 8, 2015, effective January 1, 2016

Canon 3: A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Rule 3.4

A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position, unless it is one that concerns the law, the legal system, or the administration of justice.

Comment

[1]

This Rule implicitly acknowledges the value of judges accepting appointments to entities that concern the law, the legal system, or the administration of justice. However, a judge must assess the appropriateness of accepting an appointment, paying particular attention to the subject matter of the appointment, see Rule 3.2, and the availability and allocation of judicial resources, including the judge's time commitments, and giving due regard to the importance of respecting the separation of powers, upholding the independence, integrity, and impartiality of the judiciary, and minimizing judicial disqualification. Furthermore, acceptance of extrajudicial appointments is subject to applicable restrictions relating to multiple office holding set forth in the Constitution of the Commonwealth. See Part 2, Chapter 6, Article II and Article VIII of the Amendments to the Constitution. A judge should regularly reexamine the propriety of continuing in the appointed position, as the composition and/or mission of any such committee, board, or commission may change.

[2]

A judge may represent the United States, the Commonwealth of Massachusetts, or the judge’s county, city or town on ceremonial occasions or in connection with historical, educational, or cultural activities. Such representation does not constitute acceptance of a government position.

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Updates: Adopted October 8, 2015, effective January 1, 2016

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