2011-19 (September 7, 2011)
Recommendations; Advancing Private Interest; Prestige of Office;
Appearance of Impropriety
Rules 1.2, 1.3; C.G.S. § 51-39a
Issue: May a
Judicial Official contact the Governor’s Legal
Counsel to suggest the name of a second Judicial
Official whom the inquiring Judicial Official
knows and believes would be a good candidate
for higher judicial office? The inquiring
Judicial Official (JO#1) and the Governor’s
Legal Counsel know each other. The communication
would take place when there is no pending vacancy
in any higher judicial office and would be limited
to JO#1 recommending to the Governor’s Legal Counsel
that JO#2 is worthy of consideration for nomination
to higher judicial office.
Response: Based upon the information
provided and consistent with the Committee’s prior opinions
in JE 2008-01,
JE 2008-10,
JE 2008-26,
JE 2009-13,
and JE 2011-01 and New York Advisory opinion 02-26, the
participating Committee members unanimously concluded
that JO #1 should not voluntarily recommend or suggest
the name of a judge for higher judicial office to the
Governor’s Legal Counsel but may serve as a reference
for JO#2 and, if requested by the Legal Counsel, may
provide a recommendation, by letter or otherwise,
subject to the following conditions:
- The Judicial Official’s recommendation should
be based on the Judicial Official’s personal knowledge
of the candidate’s qualifications. If the Judicial
Official’s recommendation is furnished in writing on
official letterhead, the Judicial Official should
indicate that the recommendation constitutes the
Judicial Official’s personal opinion of the candidate’s
qualifications. See Rule 1.3 comment 2.
- The Judicial Official should disclose to the
Governor’s Legal Counsel or appointing authority any
familial or material personal relationship that the
Judicial Official has to the candidate. See Rule 1.2
(judge must act at all times in a manner that promotes
public confidence in the integrity of the judiciary);
Conn. Gen. Stat. § 51-39a (familial conflict-of-interest
prohibition).
