CJEO Formal Opinion No. 2018-012 — Providing Educational Presentations at Specialty Bar Events

1
CALIFORNIA SUPREME COURT
COMMITTEE ON JUDICIAL ETHICS OPINIONS
350 McAllister Street, Room 1144A
San Francisco, CA 94102
(855) 854-5366
www.JudicialEthicsOpinions.ca.gov
CJEO Formal Opinion 2018-012
[Issued June 5, 2018]
PROVIDING EDUCATIONAL PRESENTATIONS AT SPECIALTY BAR
EVENTS
I. Questions Presented
The Committee on Judicial Ethics Opinions has been asked to provide an opinion
on the following questions:
May a judge make educational presentations to specialty bar associations
whose members primarily represent a particular class of litigants on one side in
cases before the courts, such as district attorneys, public defenders, or attorneys in
private civil practice representing plaintiffs or defendants?
What responsibility should a judge exercise over the program and
promotional materials describing the judge's involvement?

2
II. Summary of Conclusions
Canon 4B of the California Code of Judicial Ethics 1 permits judges to speak about
and teach legal subject matters, subject to the requirements of the code. The Advisory
Committee commentary explains that this permits a judge to speak and teach through bar
associations, so long as the other canons are observed. (Advisory Com. com., Cal. Code
Jud. Ethics, foll. canon 4B.)
It is the committee’s opinion that a judge may give an educational presentation to
a specialty bar association, but must avoid bias or the appearance of bias towards the
association’s members who may represent a particular class of clients, engage in a
particular practice area, or reflect a particular group of people. (Canons 2, 2A, 4A(1).) A
judge must also avoid creating an appearance that the specialty bar association is in a
special position to influence the judge towards its members or causes. (Canon 2B.)
A judge must be equally available to give educational presentations to audiences
with opposing interests or viewpoints. The judge should also evaluate whether the
frequency of presentations before a particular specialty bar association or type of
association would create an appearance of bias. The content of the presentation must be
neutral, presented from a judicial perspective, and avoid coaching or providing a tactical
advantage to the audience. Discussing proper procedures, trial and appellate techniques,
and black-letter law is acceptable; coaching to the advantage of one side, such as how to
select a jury that will favor plaintiffs or defendants, is not. The presentation cannot
include statements that may cast doubt on the judge’s capacity to act impartially. A
presentation is sufficiently neutral if the judge can give the same presentation to specialty
bar associations with members that represent opposing or competing interests or parties.
Promotional materials related to an educational presentation, including the title of
the presentation, may identify a judge by judicial title and must accurately reflect the
neutral and educational nature of the presentation. (Advisory Com. com. foll. canon 4B.)
1 All further references to canons and to Advisory Committee commentary are to
the California Code of Judicial Ethics unless otherwise indicated.

3
The promotional materials and title of the presentation cannot create an appearance of
bias, lend the prestige of judicial office to advance the interests of the specialty bar
association, convey that the specialty bar association or its audience is in a special
position to influence the judge, or otherwise violate the canons. (Id.; canons 2A and 2B.)
The committee advises that a judge should request to review promotional materials in
advance to ensure that the materials conform to the canons. If the judge is aware that the
materials do not adhere to the canons, the judge has a duty to take corrective action,
which may include giving an oral disclaimer at the time of the presentation.
III. Authorities
A. Applicable Canons
Canon 2: “A judge shall avoid impropriety and the appearance of impropriety in
all of the judge’s activities.”
Canon 2A: “A judge shall respect and comply with the law and shall act at all
times in a manner that promotes public confidence in the integrity and impartiality of the
judiciary. A judge shall not make statements, whether public or nonpublic, that commit
the judge with respect to cases, controversies, or issues that are likely to come before the
courts or that are inconsistent with the impartial performance of the adjudicative duties of
judicial office.”
Advisory Committee commentary following canon 2A: “A judge must avoid all
impropriety and appearance of impropriety. . . . [¶] The test for the appearance of
impropriety is whether a person aware of the facts might reasonably entertain a doubt
that the judge would be able to act with integrity, impartiality, and competence. . . . [¶]
As to judges making statements that commit the judge with respect to cases,
controversies, or issues that are likely to come before the courts, see Canon 3B(9) and its
commentary concerning comments about a pending proceeding.”
Canon 2B(1): “A judge shall not allow . . . social . . . or other relationships to
influence the judge’s judicial conduct or judgment, nor shall a judge convey or permit
others to convey the impression that any individual is in a special position to influence
the judge.”

4
Canon 2B(2): “A judge shall not lend the prestige of judicial office or use the
judicial title in any manner, including any oral or written communication, to advance the
pecuniary or personal interests of the judge or others. . . .”
Canon 3B(9): “A judge shall not make any public comment about a pending or
impending proceeding in any court, and shall not make any nonpublic comment that
might substantially interfere with a fair trial or hearing. . . . Other than cases in which the
judge has personally participated, this canon does not prohibit judges from discussing, in
legal education programs and materials, cases and issues pending in appellate courts.
This educational exemption does not apply to cases over which the judge has presided or
to comments or discussions that might interfere with a fair hearing of the case.”
Canon 4: “A judge shall so conduct the judge’s quasi-judicial and extrajudicial
activities as to minimize the risk of conflict with judicial obligations.”
Canon 4A: “A judge shall conduct all of the judge’s extrajudicial activities so that
they do not [¶] (1) cast reasonable doubt on the judge’s capacity to act impartially, [¶] (2)
demean the judicial office, [¶] (3) interfere with the proper performance of judicial duties,
or [¶] (4) lead to frequent disqualification of the judge.”
Canon 4B: “A judge may speak, write, lecture, teach, and participate in activities
concerning legal and nonlegal subject matters, subject to the requirements of this code.”
Advisory Committee commentary following canon 4B: “As a judicial officer and
person specially learned in the law, a judge is in a unique position to contribute to the
improvement of the law, the legal system, and the administration of justice, including
revision of substantive and procedural law and improvement of criminal and juvenile
justice. To the extent that time permits, a judge may do so, either independently or
through a bar or judicial association or other group dedicated to the improvement of the
law. It may be necessary to promote legal education programs and materials by
identifying authors and speakers by judicial title. This is permissible, provided such use
of the judicial title does not contravene Canons 2A and 2B.”
B. Other Authorities
California Code of Civil Procedure, section 170.1, subdivision (a)(6)(iii).
Wechsler v. Superior Court (2014) 224 Cal.App.4th 384.
Attending Political Fundraising or Endorsement Events, CJEO Formal Opn. No.
2016-008 (2016).
Judicial Comment at Public Hearings, CJEO Formal Opn. No. 2014-006 (2014).

5
Rothman et al., Cal. Judicial Conduct Handbook (4th ed. 2017) §§ 5:35, 6:38,
9:20, 10:16.
Cal. Judges Assn., Jud. Ethics Com., Opn. No. 47 (1997).
D.C. Advisory Com. on Jud. Conduct, Advisory Opn. No. 4 (1994)
IV. Discussion
A. Educational Presentations at Specialty Bar Events
Recognizing a judge’s unique education and experience, canon 4B permits judges
to speak about and teach legal subject matters, subject to the requirements of the code.
(Canon 4B; Advisory Com. com. foll. canon 4B [judicial officers are specially learned in
the law and in a unique position to contribute to its improvement].) The Advisory
Committee commentary also recognizes that canon 4B permits a judge to speak and teach
through bar associations and other groups dedicated to the improvement of the law.
(Advisory Com. com. foll. canon 4B.)
Specialty bar associations commonly comprise attorneys who represent particular
types of clients, engage in particular practice areas, or advocate for the interests of a
specific group of people. (Cal. Judges Assn., Opn. No. 47, supra, p. 2 [specialty bar
associations promote the interest of a limited segment of the bar]; D.C. Advisory Com.
on Jud. Conduct, Advisory Opn. No. 4, supra, p. 1 [a blanket rule on judicial attendance
at all specialty bar-related functions would be futile given the sheer number of
organizations and the diverse missions and memberships of specialty bar associations].)
There are stand-alone specialty bar associations and specialty bar associations that are a
section of a larger bar association. Some specialty bar associations promote neutral
interests, such as women, minority, or solo and small firm associations, or promote
particular practice areas, such as family law, trusts and estates, or intellectual property.
(Cal. Judges Assn., Opn. No. 47, supra, p. 2.) Other groups promote one-sided interests,

6
such as district attorney or public defender associations and plaintiff-oriented or defense-
oriented associations. (Ibid.)
There is a risk that a judge who gives an educational presentation to a specialty bar
association might be perceived as advocating for or agreeing with the interests, views,
goals, or agenda of the sponsoring organization, creating an appearance of bias or the
impression that the group is in a special position to influence the judge. The canons
require that a judge avoid bias or an appearance of bias in all activities, both on and off
the bench. (Canons 2 [a judge shall avoid impropriety and the appearance of impropriety
in all activities], 2A, 4 & 4A(1) [a judge shall act at all times in a manner that promotes
impartiality and the appearance of impartiality], 2B(1) [a judge shall not convey or permit
others to convey the impression that they are in a special position to influence the judge].)
An appearance of bias is evaluated objectively: whether a reasonable member of the
public, aware of the facts, would fairly entertain doubts that the judge is impartial. 2
(Advisory Com. com foll. canons 2 and 2A; Wechsler v. Superior Court (2014) 224
Cal.App.4th 384, 391.)
1. Audience at the Presentation
The composition of the audience at a specialty bar association event does not
prevent a judge from giving an educational presentation, so long as an appearance of bias
or influence is not reasonably created by the circumstances. In the committee’s opinion,
presenting to a specialty bar association, by itself, does not constitute an endorsement of
2 The canon 2A test for an appearance of impartiality in a judge’s professional and
personal conduct is nearly identical to the test used for discretionary disqualification in
specific matters before the judge. (Advisory Com. com. foll. canons 2 and 2A [“the test
for the appearance of impropriety is whether a person aware of the facts might reasonably
entertain a doubt that the judge would be able to act with . . . impartiality”]; Code Civ.
Proc., § 170.1, subd. (a)(6)(iii) [a judge shall be disqualified if for any reason “a person
aware of the facts might reasonably entertain a doubt that the judge would be able to be
impartial”].)

7
the organization or its interests, views, goals, or agenda that may create an appearance of
bias.
There may be an appearance of bias if a judge frequently or exclusively speaks
before a particular specialty bar association or associations with similar interests. For
example, if a judge frequently gives presentations to public defender associations and
never presents to prosecutorial associations, or vice versa, a reasonable person could
conclude that the judge favors the group to which he or she frequently presents. The
committee does not believe that a judge must present equally to specialty bar associations
on each side of an issue; however, a judge should evaluate whether the frequency that he
or she presents to a particular specialty bar association or to associations with similar
interests would cause a reasonable person aware of the facts to think the judge lacks
impartiality. To avoid an appearance of bias, a judge must be equally available to groups
that represent opposing viewpoints. (Rothman et al., Cal. Judicial Conduct Handbook
(4th ed. 2017) §§ 6:38, 10:16, pp. 383, 685 (Rothman); Cal. Judges Assn., Opn. 47,
supra, p. 2.)
In the committee’s opinion, it is the content of the presentation, rather than the
audience, that will ensure compliance with the code.
2. Content of the Presentation
Especially when speaking before an audience that promotes a particular interest or
group, such as a specialty bar association, a judge must ensure that the content of the
presentation does not create an appearance of bias. (Canon 2A; Advisory Com. com. foll.
canon 2A [a judge shall act at all times in a manner that promotes the impartiality of the
judiciary and shall not make statements that are inconsistent with the impartial
performance of the adjudicative duties of judicial office].) To achieve a sufficiently
neutral presentation that conforms to the canons, the committee advises that a
presentation must be presented from a judicial perspective, avoid coaching or providing a
tactical advantage to the audience, and avoid statements that might cast doubt on the
judge’s capacity to act impartially.

8
A judge’s education and experience make him or her uniquely qualified to
contribute to the improvement of the law. (Advisory Com. com. foll. canon 4B [a judge
is specially learned in the law and in a unique position to contribute to its improvement].)
In Formal Opinion 2014-006, the committee advised that a judge’s unique experience and
perspective as a judge make it valuable for a judge to share his or her expertise in the law
and the justice system outside of the duties of their office. (CJEO, Formal Opn. 2014-
006, supra, pp. 2, 5-6 [advising that a judge may appear at public hearings or consult with
the other branches of government or public officials on matters concerning the law, the
legal system, or the administration of justice].) However, the committee advised that a
judge’s comments or consultation with other branches of government should not include
his or her experience as an attorney. (Id. at p. 7.) It is the committee’s opinion that when
presenting to a specialty bar association, a judge may utilize his or her unique judicial
perspective for the benefit of the audience and may also rely on his or her experience as
an attorney. The judge must ensure that when discussing prior attorney experience, the
judge maintains neutrality and avoids indicating a bias, particularly if the judge is
presenting to former colleagues or attorneys from the judge’s previous practice area.
(Cal. Judges Assn., Opn. 47, supra, p. 2 [recommending a neutral posture and avoidance
of any impression that the goals espoused by the organization are shared by the judge].)
A neutral presentation includes matters of equal interest to both sides of a legal issue, and
does not benefit one side of an issue over the other or include advocacy for one position
or another on unsettled areas of the law. (Rothman, supra, § 9:20, p. 602.)
A judge’s presentation must also avoid coaching or providing strategic or tactical
advantages that would benefit members of one specialty bar association to the
disadvantage of members of another. (Rothman, supra, § 10:16, p. 685 [a judge may be
the keynote speaker at a statewide conference of district attorney investigators if the
judge does not coach and the content does not cast doubt on the judge’s impartiality].) A
judge may discuss proper procedures, trial or appellate techniques, and lecture on black
letter law. It is also permissible to speak about best practices and provide tips to avoid
common errors. (Id. at p. 686.) For example, a presenting justice may recommend to an

9
audience that an attorney should avoid filing a writ at 5:00 p.m. on a Friday, as such
advice would be equally beneficial to audiences representing competing interests or
parties. A judge may also lecture on general voir dire procedures or give general advice
on the best qualities of an expert witness, so long as that advice does not benefit one side
over another. It is improper, however, to lecture on how to select a jury that would favor
either plaintiffs or defendants. It is also improper to lecture on the ideal demeanor and
testimony of a type of witness that favors a particular side, such as the proper use of
police testimony in criminal cases, as it would give the appearance of coaching the
audience and a reasonable person aware of this component of a presentation would doubt
the impartiality of the judge. (Id. at p. 685.)
As guidance, if a judge is able to give the identical presentation to specialty bar
associations with members that represent opposing or competing interests or parties, the
presentation is likely sufficiently neutral, avoids creating an appearance of bias, and
complies with the canons.
The committee further advises that a presentation cannot indicate the judge’s
leanings, biases, or demonstrate a prejudgment of certain matters. Such statements could
cast doubt on the judge’s capacity to act impartially in pending or future proceedings.
(Canons 2A, 4A; Rothman, supra, § 10:16, p. 686.)
Finally, a judge may discuss cases and issues pending in appellate courts as long
as the judge did not preside over the case, the comments or discussions do not interfere
with a fair hearing of the case, and the discussions are limited to legal education
programs and materials. (Canon 3B(9); Rothman, supra, § 5:35, p. 308 [the combined
effect of canon 3B(9) and canon 4B permits a judge to comment on cases and issues
pending in a higher court, but only in the legal education context].) As with the
remainder of the presentation, when commenting on pending cases, a judge should be
careful to avoid any conduct that creates an appearance of bias and any comments on
pending matters should promote public confidence in the integrity and impartiality of the
judiciary. (Canons 2, 2A.)

10
B. Promotional Materials
The use of judicial title for the limited purpose of promoting an educational
presentation is permitted if the materials accurately reflect the neutral and educational
nature of the presentation. (Advisory Com. com. foll. canon 4B.) The use of judicial title
in promotional materials for an educational presentation hosted by a specialty bar
association, by its nature, advances the specialty bar association’s interest. (Rothman,
supra, § 9:20, p. 601.) Even so, the Advisory Committee Commentary recognizes that it
may be necessary for promotional materials to identify a judge by judicial title when
promoting legal education programs that are permitted by canon 4B. (Advisory Com.
com. foll. canon 4B.) The promotional materials must still comply with the canons, and a
judge has a duty to ensure that the prestige of judicial office and judicial title are not used
to advance the interests of the specialty bar association, other than to promote the event
itself, or create an appearance of bias in favor of the specialty bar association. (Canons
2A [a judge shall act at all times in a manner that promotes the impartiality of the
judiciary], 2B [a judge shall not lend the prestige of judicial office or use the judicial title
to advance the interests of others and shall not permit others to convey the impression
that they are in a special position to influence the judge], 4A [a judge’s extrajudicial
activities cannot cast reasonable doubt on the judge’s capacity to act impartially].)
If the judge is aware that the promotional materials create an appearance of bias,
lend the prestige of judicial office to advance the interests of the specialty bar
association, convey that the specialty bar association or its audience is in a special
position to influence the judge, or otherwise violate the canons, then the judge has a duty
to take corrective action. (Canons 2A and 2B; Advisory Com. com. foll. canon 4B.) If
the title of the presentation suggests that the judge will provide coaching or a strategic or
tactical advantage to the audience that would benefit members of one specialty bar
association to the disadvantage of members of another, or the title otherwise creates an
appearance of bias, the judge must also take corrective action. Corrective action may
include having the association reprint corrected materials to clarify the judge’s neutral

11
role or making a disclaimer at the beginning of the presentation if correction prior to the
event is unfeasible. (CJEO Formal Opn. 2016-008, supra, p. 20 [corrective action
mandatory for impermissible use of judicial title in promotional materials for a political
event]; Com.Jud.Performance, Advisory Letter 23, 1997 Annual Report, p. 22 [discipline
imposed for failing to seek a retraction or otherwise correct an unauthorized endorsement
of a candidate for nonjudicial office].) Given this duty, the committee advises that a
judge inform event organizers of ethical restrictions and request to review the
promotional materials and title of the presentation in advance to ensure that the use of
judicial title in the materials conforms to the canons and the materials to not create an
appearance of bias.3 (CJEO Formal Opn. 2016-008, supra, p. 20 [advising event
organizers of the judge’s ethical obligations and previewing promotional materials
eliminates need to take corrective action if the materials violate the canons].)
V. Conclusion
It is the committee’s opinion that a judge may give an educational presentation to
a specialty bar association so long as the audience and content of the presentation do not
create an appearance of bias or influence, or otherwise violate the canons. An appearance
of bias is eliminated when a judge is available to give educational presentations to groups
with opposing interests or viewpoints and when the judge is able to make the same
neutral presentation to various groups. A judge should request to review in advance the
title of the presentation and any promotional materials related to the presentation. If the
judge is aware the materials do not conform to the canons, the judge should take
corrective action.
3 If the judge requests to review the materials in advance, but does not receive them
prior to the educational presentation and at the presentation discovers that the materials
violate the canons, the judge should take corrective action, which may include an oral
disclosure to the audience prior to the presentation.

12

This opinion is advisory only (Cal. Rules of Court, rule 9.80(a), (e); Cal. Com.
Jud. Ethics Opns. (CJEO), Internal Operating Rules & Proc., rule 1(a), (b)). It is based
on facts and issues, or topics of interest, presented to the California Supreme Court
Committee on Judicial Ethics Opinions in a request for an opinion (Cal. Rules of Court,
rule 9.80(i)(3); CJEO rule 2(f), 6(c)), or on subjects deemed appropriate by the
committee (Cal. Rules of Court, rule 9.80(i)(1); CJEO rule 6(a)).