Opinion 25-182

February 5, 2026

Facts/Issue:  A court attorney-referee asks if he/she may serve on a fraternal organization’s ad hoc committee to investigate an allegation that certain of its members have violated its code of conduct.  The committee would be responsible for reviewing evidence and “otherwise investigat[ing]” the allegations, then making a recommendation regarding potential disciplinary action or another resolution.  On inquiry, the referee believes the investigation may involve allegations of non-criminal sexual harassment.

Discussion:   We have said that judges should not participate in an organization’s internal investigations of sexual harassment, assault, or abuse.  The judge’s participation could be perceived as lending the prestige of judicial office to the findings of the investigation, which is problematic in light of the possibility of civil and/or criminal litigation involving the subject of the investigation.  In addition, we have recognized that a full-time judge may not act as an arbitrator or mediator, or otherwise perform judicial functions in a private capacity.

Conclusion: A court attorney-referee may not serve on a fraternal organization’s ad hoc investigatory committee, where the investigation may involve allegations of sexual harassment.

Authorities:  Opinions 21-55; 03-58; 02-128.