Ky. R. Sup. Ct. 3.4
A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position within the executive or legislative branches that exercises power to make governmental decisions within that branch or determines governmental policy, except as otherwise authorized or required by law.*
Ky. R. Sup. Ct. 3.4
Comment
[1] Rule 3.4 is based upon Kentucky Constitution Sections 27 (providing for the separation of governmental powers into three branches) and 28 (prohibiting officers of one branch from exercising any power properly belonging to another branch). The Rule prohibits a judge from accepting any governmental position within either the legislative or executive branches that makes governmental decisions or policy. The Rule does not prohibit a judge from serving upon such a board or commission where judicial participation is otherwise required by law, subject to compliance with the Constitutional mandate. The Rule does not prohibit a judge from accepting positions within the legislative or executive branches that are merely advisory and lack the authority to exercise the constitutional power of that branch. For example, service upon a board or committee that governs a state university would be prohibited, but service upon a university board that merely makes advisory suggestions to university officials would not be prohibited by this Rule. Even in such instances, however, a judge should assess the appropriateness of accepting an appointment, paying particular attention to the subject matter of the appointment and the availability and allocation of judicial resources, including the judge's time commitments, and giving due regard to the requirements of the independence* and impartiality* of the judiciary.
[2] A judge may represent his or her country, state, or locality on ceremonial occasions or in connection with historical, educational, or cultural activities. Such representation does not constitute acceptance of a government position.