State v. Haskins , 1997 Iowa App. LEXIS 100 ( 1997 )

SACKETT, Presiding Judge

(concurring specially).

I concur with the majority opinion in most respects. I write specially because I wish to make it clear my finding the trial judge did not abuse her discretion in overruling defendant’s motion asking she be recused is based on a record that shows her work with a coalition on domestic abuse to be nothing more than helping to provide a judicial forum so issues concerning charges of domestic abuse could be fairly litigated.

Insomuch as the majority opinion may seek to hold that a domestic abuse coalition only looks to improve the general framework of the system or is an important component of the overall work of a judge, I find there is no record here to make such a determination and the issue is not before us. I cannot on this record determine whether a domestic abuse coalition may be an advocacy group associated with a strong ideological point of view. If a certain coalition is associated with a strong ideological point of view, then there is support for finding judges should refrain from membership. See Mothers Against Drunken Driving, Fla. Adv. Op. 82-18 (1982); The Sierra Club, Adv. Op. 40 Fed.; and Adv. Comm, on Judicial Activities Defamation League of B’nai B’rith.

There are a number of serious ills in our society. As judges, we have the responsibility to educate ourselves on these problems, but we must do so in such a way that our impartiality is not questioned, for we have a responsibility to render justice to all people who come before us. One of the first requirements for the administration of justice is an impartial judge who acts with cold neutrality. See State v. Iowa District Court, 572 N.W.2d 587 (Iowa 1997); State v. Clanton, 231 N.W.2d 31, 35 (Iowa 1975).

I carry the opinion that as a judge I must refrain from involvement in any group that may impact my impartiality or cause the public to question my impartiality. I also feel I must refrain from membership in groups where other members of the group may perceive me to be a messenger for their position if the group carries a strong ideological point of view.

To the extent the majority opinion, including footnotes, may appear to make a pronouncement that it is the responsibility of judges to participate m domestic abuse coalitions, I cannot concur. The decision to be involved or not to be involved is a decision a judge should make only after considering restrictions placed on judges by the Code of Judicial Conduct and after taking a careful look at the agenda of any organization that calls itself a domestic abuse coalition.

HUITINK, J., joins in this special concurrence.