CONDITIONS OF PROBATION

Opinion No. 88 (1987)


QUESTION: Would a trial judge violate Canon 3A(1) or Canon 2A if he imposed as a term of felony probation, that a defendant remain in his home during certain hours and monitored compliance through electronic means?

ANSWER: The question posed requires a legal construction of a statute fixing the range of punishment for specific crimes. The function of the Judicial Ethics Committee is to write opinions construing the Code of Judicial Conduct as applied to given fact situations. The Committee does not give legal opinions. Because the submitted question requires a legal interpretation of a criminal statute prior to reaching any ethical considerations, the Committee respectfully declines to answer the question.