On Tuesday, April 4, 2017, the Colorado Judicial Ethics Advisory Board released C.J.E.A.B. Opinion 2017-01.
Opinion 2017-01 considers whether a judge may contact his or her federal congressional representatives to express approval or dissatisfaction with federal legislation or cabinet appointments if the judge reveals his or her name but not that he or she is a judge. The Colorado Judicial Ethics Advisory Board determined that a judge may do so only in the narrowest of circumstances. The Board found that such contact would appear to implicate the judge’s personal opinions, which would likely amount to impropriety or the appearance of impropriety.
The Board, citing Rule 3.2 of the Code of Judicial Conduct, noted that the judge is permitted to consult with government officials in connection with matters concerning the law, the legal system, or the administration of justice or in connection with matters about which the judge acquired knowledge or expertise in the course of the judge’s judicial duties, as long as the consultation does not violate other provisions of the Code.