Title 9. Rules on Law Practice, Attorneys, and Judges 1 2 Division 6 3 Judicial Ethics Opinions 4 5 Rule 9.80. Committee on Judicial Ethics Opinions 6 7 (

a) Purpose 8 9 The Supreme Court has established the Committee on Judicial Ethics 10 11 Opinions to provide judicial ethics advisory opinions and advice to judicial officers and candidates for judicial office. 12 13 (

b) Committee determinations 14 15 16 In providing its opinions and advice, the committee acts independently of the 17 Supreme Court, the Commission on Judicial Performance, and all other 18 entities. The committee will rely on the California Code of Judicial Ethics, 19 the decisions of the Supreme Court and of the Commission on Judicial 20 21 Performance, and other relevant sources in its opinions and advice. (

c) Membership 22 23 24 The committee consists of twelve members appointed by the Supreme Court, 25 including at least one justice from a court of appeal and one member who is 26 a subordinate judicial officer employed full-time by a superior court. The 27 remaining members must be justices of a court of appeal or judges of a 28 superior court, active or retired. No more than a total of two retired justices 29 or judges may serve on the committee at one time, except that if an active 30 justice or judge retires during his or her term, he or she will be permitted to 31 complete his or her term.

A retired justice or judge may only serve so long as 32 he or she is not an active member of the State Bar of California and is not 33 34 engaged in privately compensated dispute resolution activities. (

d) Terms 35 36 37

(1) Except as provided in (2), all full terms are for four years. Members 38 may not serve more than two consecutive full terms. Members will 39 continue to serve until a successor is appointed. Appointments to fill a 40 vacancy will be for the balance of the term vacated. Members who are 41 appointed to fill a vacancy for the balance of a term are eligible to serve 42 two full terms in addition to the remainder of the term for which they 43 were appointed. 1

(2) To create staggered terms among the members of the committee, the 2 Supreme Court will appoint initial members of the committee as 3 4 follows: 5 (

A) Three members each to serve a te rm of five years. The Court may 6 7 reappoint these members to one full term. 8 (

B) Three members each to serve a te rm of four years. The Court may 9 10 reappoint these members to one full term. 11 (

C) Three members each to serve a term of three years. The Court 12 13 may reappoint these members to one full term. 14 (

D) Three members each to serve a term of two years. The Court may 15 16 reappoint these members to one full term. 17

(3) Committee members may not simultaneously serve as members of the 18 Commission on Judicial Performance or the California Judges 19 Association’s Judicial Ethics Committee. If a member of the committee 20 accepts appointment to serve on one of these entities, that member will 21 be deemed to have resigned from the committee and the Supreme Court 22 23 will appoint a replacement. (

e) Powers and duties 24 25 26 The committee is authorized to provide ethics advice to judicial officers and 27 candidates for judicial office, including formal written opinions, informal 28 written opinions, and oral advice. Specifically, the committee is authorized 29 30 to: 31

(1) Issue formal written opinions, informal written opinions, and oral 32 advice on proper judicial conduct under the California Code of Judicial 33 Ethics, the California Constitution, statutes, and any other authority 34 35 deemed appropriate by the committee. 36

(2) Make recommendations to the Supreme Court for amending the Code 37 38 of Judicial Ethics or these rules; 39

(3) Make recommendations regarding appropriate subjects for judicial 40 41 education programs; and 42

(4) Make other recommendations to the Supreme Court as deemed 43 appropriate by the committee or as requested by the Court. 2

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f) Referrals to California Judges Association’s Judicial Ethics Committee 1 2 3 The committee may adopt a revocable policy of referring requests for oral 4 advice, with conditions and exceptions as approved by the committee, to the 5 6 California Judges Association’s Judicial Ethics Committee. (

g) Chair and vice-chair 7 8 9 The Supreme Court will appoint a chair, who will serve a term of two years. 10 The Supreme Court may reappoint the chair. The chair may not serve more 11 than two terms as chair. The Supreme Court will also appoint a vice-chair 12 from the members of the committee. The chair is authorized to call meetings 13 14 as needed, and to otherwise coordinate the work of the committee. (

h) Confidentiality 15 16 17 Communications to and from the committee are confidential except as 18 described herein. Encouraging judicial officers and candidates for judicial 19 office to seek ethics opinions and advice from the committee will promote 20 ethical conduct and the fair administration of justice. Establishing the 21 confidentiality of committee proceedings and communications to and from 22 the committee is critical to encourage judicial officers and candidates for 23 judicial office to seek ethics opinions and advice from the committee.

The 24 necessity for preserving the confidentiality of these proceedings and 25 communications to and from the committee outweighs the necessity for 26 disclosure in the interest of justice. Therefore, to promote ethical conduct by 27 judicial officers and candidates for judicial office and to encourage them to 28 seek ethics opinions and advice from the committee, the following 29 confidentiality requirements, and exceptions, apply to proceedings and other 30 31 matters under this rule: 32

(1) Notwithstanding any other provision of law, and with the exception of 33 formal written opinions and summaries of informal written opinions and oral advice, all opinions, inquiries, replies, circulated drafts, 34 records, documents, writings, files, communications with staff, and 35 36 proceedings of the committee are confidential. All communications, 37 written or verbal, from or to the person or entity requesting an opinion 38 or advice are deemed to be official information within the meaning of 39 the California Evidence Code.

In addition, all communications and 40 documents regarding opinions or advice of the California Judges 41 Association forwarded by the California Judges Association to the committee are deemed to be confidential information. 42 3

(2) Members of the committee or its staff may not disclose outside the 2 committee or its staff any confidential information, including 3 identifying information, obtained by the committee or its staff 4 concerning an individual whose inquiry or conduct was the subject of 5 6 any communication with the committee or its staff. 7

(3) A judicial officer or candidate for judicial office may waive 8 confidentiality; any such waiver must be in writing. If the judicial 9 officer or candidate making the request for an opinion or advice waives 10 confidentiality or asserts reliance on an opinion or advice in judicial or attorney discipline proceedings, such opinion or advice no longer is 11 12 confidential under these rules. Notwithstanding any waiver, committee 13 14 deliberations and records are confidential. (

i) Opinion requests 15 16 17

(1) The committee may issue formal written opinions on any subject it 18 deems appropriate. Any person or entity may suggest to the committee, 19 20 in writing, topics to be addressed in a formal written opinion. 21

(2) Only judicial officers and candidates for judicial office may request 22 23 informal written opinions and oral advice. 24

(3) A judicial officer or candidate for judicial office requesting a written 25 opinion, formal or informal, must submit the request in writing, 26 including by electronic mail. The request must be in a form approved 27 by the committee and must describe the facts and discuss the issues 28 presented in the request. The identity, organizational affiliation, and 29 30 geographic location of persons requesting opinions are confidential. 31

(4) A judicial officer or candidate for judicial office requesting oral advice 32 may communicate in person, in writing (including by electronic mail), 33 34 or by telephone to committee staff or any member of the committee. 35

(5) A judicial officer or candidate for judicial office requesting an opinion 36 or advice must disclose to the committee whether the issue that is the 37 subject of the inquiry is also the subject of pending litigation involving the inquiring judicial officer or candidate or a pending Commission on 38 39 Judicial Performance or State Bar disciplinary proceeding involving the 40 41 42 inquiring judicial officer or candidate. 4

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j) Consideration of requests 1 2 3

(1) The committee will determine whether a written request for an opinion 4 should be resolved with a formal written opinion, an informal written 5 opinion, oral advice, or any combination thereof. The committee may 6 7 decline to issue an opinion or advice. 8

(2) Eight members must vote affirmatively to adopt a formal written opinion. After the committee authorizes a formal written opinion and 9 10 before it becomes final, it will be posted in draft form on the committee 11 Web site and made available for public comment for at least 45 days, 12 unless the committee in its discretion decides such an opinion should 13 be issued in final form in less time or with no prior notice. After the 14 public comment period has expired, the committee will decide whether 15 the opinion should be published in its original form, modified, or 16 withdrawn. Eight members must vote affirmatively to modify or 17 18 withdraw a formal written opinion. 19

(3) Informal written opinions and oral advice will be decided by vote of the 20 committee members. The committee will adopt procedures concerning 21 the number of votes required to issue an informal written opinion or 22 23 oral advice. 24

(4) The committee will adopt procedures concerning the handling and 25 26 determination of requests for opinions or advice. 27

(5) The committee will inform the inquiring judicial officer or candidate 28 for judicial office that he or she must disclose all relevant information 29 and that any opinion or advice issued by the committee is based on the 30 premise that the inquiring judicial officer or candidate has disclosed all 31 32 relevant information. 33

(6) The committee will confer in person, in writing, including by electronic mail, by telephone, or by videoconference as often as needed to 34 35 36 conduct committee business and resolve pending requests. (

k) Opinion distribution 37 38 39

(1) The committee will, upon final approval of a formal written opinion, 40 ensure distribution of the opinion, including to the person or entity who 41 requested the opinion, all California judicial officers, and other 42 interested persons. 5

(2) The committee’s informal written opinions and written confirmation of 1 oral advice will, upon approval by the committee, be provided to the 2 inquiring judicial officer or candidate for judicial office. 3 4

(3) The committee will post all formal written opinions on the committee’s 5 Web site. The committee may post summaries of its informal written 6 opinions and of oral advice on the committee’s Web site. 7 8

(4) The committee will maintain records of committee determinations and 9 opinions at the committee’s office. 10 11 (

l) Withdrawn, modified, and superseding opinions 12 13 The committee may withdraw, modify, or supersede an opinion at any time. 14 15 (

m) Internal operating rules 16 17 The committee will adopt procedures, subject to approval by the Supreme 18 Court, to implement this rule. 19 20 (

n) Web site, e-mail address, and toll-free telephone number 21 22 The committee will maintain a Web site, e-mail address, and toll-free 23 telephone number. 24 25 26 Rule 9.80 adopted effective July 1, 2009.