Opinion 79
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.1 Extrajudicial Activities in General and Comment 1; and 2 3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1) & (5).)
Issue:
May a judge work with an organization call the Vietnam Veteran’s Memorial Fund, Inc., for the purpose of building a war memorial honoring Vietnam veterans? In the course of such work may the judge engage in the following activities:
Discussion:
Supreme Court Rule 2 Canon 5 states in applicable part:
In the opinion of the Commission on Retirement, Removal and Discipline the judge may give a radio interview about experiences in Vietnam. Such an interview would not detract from the dignity of her office or interfere with the performance of her judicial duties in violation of Canon 5A. However, Canon B(2) requires that the judge not solicit funds or permit the prestige of her office be used for the purpose of soliciting funds. Accordingly, the interview may not be given if its purpose is to solicit funds.
The Commission has previously dealt with the issue of whether a judge’s name may appear on an organization’s letterhead in Opinion #57. Opinion 57 dealt with a judge serving as a bank director and the use of his name on bank letterhead. It held:
Accordingly, it is the Commission’s opinion that the judge’s name may appear on the organization’s letterhead. However, it may not identify her as a judge or an attorney. Further, any use of the letterhead for fund raising purposes should not involve the judge’s subscribing signature.
As to whether the judge may contact a personal friend who is a U.S. Senator and invite him to St. Louis for the purpose of raising interest in the memorial fund, it is the opinion of the Commission on Retirement, Removal and Discipline that this activity does not violate the Code of Judicial Conduct. Further, such activity does not detract from the dignity of the judge’s office nor can it be considered fund raising even though the indirect benefit of the Senator’s visit would be to raise money for the organization.
(Dated: April 1, 1982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 79
Issue:
May a judge work with an organization call the Vietnam Veteran’s Memorial Fund, Inc., for the purpose of building a war memorial honoring Vietnam veterans? In the course of such work may the judge engage in the following activities:
1. Give a radio interview about the judge’s experience in Vietnam with the intent that the interview be used during a telethon weekend for the purpose of raising funds for the war memorial;
2. Have the judge’s name on the organization’s local committee letterhead with the intent that the letterheads may be used for fund raising purposes;
3. Write a personal friend who is a U.S. Senator to invite him to St. Louis on behalf of the committee for the purpose of raising interest in the war memorial and thereby indirectly raising money for the organization?
2. Have the judge’s name on the organization’s local committee letterhead with the intent that the letterheads may be used for fund raising purposes;
3. Write a personal friend who is a U.S. Senator to invite him to St. Louis on behalf of the committee for the purpose of raising interest in the war memorial and thereby indirectly raising money for the organization?
Discussion:
Supreme Court Rule 2 Canon 5 states in applicable part:
A. Avocational Activities. A judge may write, lecture, teach, and speak on non-legal subjects, and recreational activities, if such avocational activities do not detract from the dignity of his office or interfere with the performance of his judicial duties.
B. Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:
B. Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:
* * *
(2) A judge should not solicit funds for an educational religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director, or trustee of such an organization. He should not be a speaker or guest of honor at an organization’s fund raising events, but he may attend such events.”
In the opinion of the Commission on Retirement, Removal and Discipline the judge may give a radio interview about experiences in Vietnam. Such an interview would not detract from the dignity of her office or interfere with the performance of her judicial duties in violation of Canon 5A. However, Canon B(2) requires that the judge not solicit funds or permit the prestige of her office be used for the purpose of soliciting funds. Accordingly, the interview may not be given if its purpose is to solicit funds.
The Commission has previously dealt with the issue of whether a judge’s name may appear on an organization’s letterhead in Opinion #57. Opinion 57 dealt with a judge serving as a bank director and the use of his name on bank letterhead. It held:
As to whether the judge’s name and title can appear on the bank letterhead, it is the Commission’s opinion that the commentary to Canon 5C(2) prohibits the bank from listing the judge’s judicial title. Additionally, as the judge is not allowed to practice law it is also the Commission’s opinion that the bank may not identify the judge as an attorney on its letterhead. Only the judge’s name may be used to identify him as a bank director.
Accordingly, it is the Commission’s opinion that the judge’s name may appear on the organization’s letterhead. However, it may not identify her as a judge or an attorney. Further, any use of the letterhead for fund raising purposes should not involve the judge’s subscribing signature.
As to whether the judge may contact a personal friend who is a U.S. Senator and invite him to St. Louis for the purpose of raising interest in the memorial fund, it is the opinion of the Commission on Retirement, Removal and Discipline that this activity does not violate the Code of Judicial Conduct. Further, such activity does not detract from the dignity of the judge’s office nor can it be considered fund raising even though the indirect benefit of the Senator’s visit would be to raise money for the organization.
(Dated: April 1, 1982)