You are here: Home / Education / Online Training / Ethics for Judges Tutorial / Bias or the Appearance of Bias - Ex. 1

Bias or the Appearance of Bias - Ex. 1

A restriction against a judge's membership or use of the facilities of any organization that practices invidious discrimination on the basis of race, sex, religion or national origin.

Summary

Among the requirements of NMRA 21-200, which mandates that the judge avoid impropriety and the appearance of impropriety in all the judge’s activities, is a restriction against membership or use of the facilities of any organization that practices invidious discrimination on the basis of race, sex, religion or national origin. The extensive commentary on this issue provided immediately after this section of the Code is well worth reviewing, especially when any doubt arises as to an organization in which the judge participates.

Exercises

Judge Bean has belonged to his local Rabbits Lodge for many years. The Lodge’s charter includes a declaration that the organization is a civic and social club whose membership is open to all persons who demonstrate their commitment to service to the community, generosity of spirit and amiability. Judge Bean is appointed to serve on the membership committee, and finds applications from several Mexican-American men, long-time business people and generous contributors to community development projects, on the agenda for the next meeting. After nominal discussion at the meeting, the applications are tabled for further review. Privately, a fellow committee member tells Judge Bean: "We don’t need any more of their kind in our Lodge. We’re going to find something to keep them out: maybe a bad debt or employee complaint. Don’t worry, if we look hard enough, everyone has something in their past that can be used against them." The Rabbits Lodge already has several older Mexican-American members.

What should Judge Bean do?

1. Resign from the committee and stay away from all membership issues, since the charter’s commitment to open membership and its inclusion of some Mexican-American members is sufficient to comply with the Code.
Mere resignation from the membership committee will not suffice; there is clearly an issue of at least potential discrimination and the Code of Judicial Conduct forbids the judge from membership in an organization that practices invidious discrimination. While resignation from the Lodge is one option for the judge, it may not be necessary. The discriminatory statement was made by only one member of the membership committee and may not represent the consensus among the leadership or the membership of the organization, which has been open in the past to Mexican-American members. But the committee’s tabling of the application is cause for concern. The best solution in this situation is probably for the judge to ascertain how widespread or isolated the discriminatory intent expressed by the one committee member may be, and to immediately advocate changes that will eliminate discrimination from the Lodge. Under the commentary to this section of the Code, the judge would have to suspend all his other activity in the organization in the meantime, and ultimately resign if his efforts to achieve change were to fail (after no longer than one year of effort). 21-200 (C).
2. Resign immediately from the Rabbits Lodge on the grounds that it discriminates on the basis of national origin.
Mere resignation from the membership committee will not suffice; there is clearly an issue of at least potential discrimination and the Code of Judicial Conduct forbids the judge from membership in an organization that practices invidious discrimination. While resignation from the Lodge is one option for the judge, it may not be necessary. The discriminatory statement was made by only one member of the membership committee and may not represent the consensus among the leadership or the membership of the organization, which has been open in the past to Mexican-American members. But the committee’s tabling of the application is cause for concern. The best solution in this situation is probably for the judge to ascertain how widespread or isolated the discriminatory intent expressed by the one committee member may be, and to immediately advocate changes that will eliminate discrimination from the Lodge. Under the commentary to this section of the Code, the judge would have to suspend all his other activity in the organization in the meantime, and ultimately resign if his efforts to achieve change were to fail (after no longer than one year of effort). 21-200 (C).
3. Try to convince the leadership to change its attitudes and otherwise withdraw from participation in the Lodge’s activities.
Mere resignation from the membership committee will not suffice; there is clearly an issue of at least potential discrimination and the Code of Judicial Conduct forbids the judge from membership in an organization that practices invidious discrimination. While resignation from the Lodge is one option for the judge, it may not be necessary. The discriminatory statement was made by only one member of the membership committee and may not represent the consensus among the leadership or the membership of the organization, which has been open in the past to Mexican-American members. But the committee’s tabling of the application is cause for concern. The best solution in this situation is probably for the judge to ascertain how widespread or isolated the discriminatory intent expressed by the one committee member may be, and to immediately advocate changes that will eliminate discrimination from the Lodge. Under the commentary to this section of the Code, the judge would have to suspend all his other activity in the organization in the meantime, and ultimately resign if his efforts to achieve change were to fail (after no longer than one year of effort). 21-200 (C).