May federal judges be members of the ABA or the Federalist Society? Draft ethics opinion says yes and no–ABA Journal

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A draft ethics opinion advises that federal judges should not be members of the conservative Federalist Society and the liberal American Constitution Society because the affiliation raises questions about their impartiality.

But membership in the ABA’s Judicial Division “does not raise these same concerns and is not necessarily inconsistent” with the conduct code covering federal judges, the draft advisory ethics opinion says.

The draft opinion adds that judges should “carefully monitor” ABA activities to make sure their membership remains consistent with the conduct code. Judges should also consider whether a position taken by the ABA might require recusal in particular matters, the draft opinion says.

The draft opinion was posted by the National Review and covered by Law360. The opinion was drafted by the Committee on Codes of Conduct of the U.S. Judicial Conference and circulated to federal judges for review and comment.

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