Opinion 113
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1), (4), & (5).)
Issue:
May a circuit judge serve as a member or officer of a committee organized for the following purposes:
The judge would not be directly involved in the solicitation of funds but would be involved in the organization and administration of the committee. The judge would be appointed by the Governor and would serve without pay.
Discussion:
Supreme Court Rule 2, Canon 5B states:
In the opinion of the Commission on Retirement, Removal and Discipline, the above described committee is a civic organization which is not conducted for economic or political advantage of its members. It does not seem likely that this organization will be engaged in proceedings before the judge which would require his disqualification. As a result, in the opinion of the Commission, the judge may serve as a member or officer of this committee. The judge should take care to avoid the use of his name in fund raising activities and further should avoid giving legal advice to the committee.
Finally, the judge should take note of the Commission’s Opinion 79 issued April 1, 1982 which hold that a judge’s name may appear on a civic organization’s letterhead. However, it may not identify him as a judge or an attorney.
(Dated: October 1, 1985)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 113
Issue:
May a circuit judge serve as a member or officer of a committee organized for the following purposes:
1. To obtain a state resolution from the Governor making the crew of the USS Missouri honorary residents of the State of Missouri.
2. To obtain a piece of the original teakwood deck of the USS Missouri to be part of a display containing a membership plaque.
3. Seek out copies of state artwork for display on the USS Missouri.
4. Obtain special books and publications for the ship’s library.
5. Obtain video tapes of state recreation history for use with the ship’s internal TV studio.
6. Select 5 schools from the State of Missouri to participate in the Navy’s school sponsorship program.
7. Obtain sufficient funds for a pre-commissioning dinner for the crew and wives plus guests from the State of Missouri.
2. To obtain a piece of the original teakwood deck of the USS Missouri to be part of a display containing a membership plaque.
3. Seek out copies of state artwork for display on the USS Missouri.
4. Obtain special books and publications for the ship’s library.
5. Obtain video tapes of state recreation history for use with the ship’s internal TV studio.
6. Select 5 schools from the State of Missouri to participate in the Navy’s school sponsorship program.
7. Obtain sufficient funds for a pre-commissioning dinner for the crew and wives plus guests from the State of Missouri.
The judge would not be directly involved in the solicitation of funds but would be involved in the organization and administration of the committee. The judge would be appointed by the Governor and would serve without pay.
Discussion:
Supreme Court Rule 2, Canon 5B states:
(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court.
(2) A judge should not solicit funds for any 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 the guest of honor at an organization’s fund raising events, but he may attend such events.
(3) A judge should not give investment advice to such an organization, but he may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
(2) A judge should not solicit funds for any 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 the guest of honor at an organization’s fund raising events, but he may attend such events.
(3) A judge should not give investment advice to such an organization, but he may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
In the opinion of the Commission on Retirement, Removal and Discipline, the above described committee is a civic organization which is not conducted for economic or political advantage of its members. It does not seem likely that this organization will be engaged in proceedings before the judge which would require his disqualification. As a result, in the opinion of the Commission, the judge may serve as a member or officer of this committee. The judge should take care to avoid the use of his name in fund raising activities and further should avoid giving legal advice to the committee.
Finally, the judge should take note of the Commission’s Opinion 79 issued April 1, 1982 which hold that a judge’s name may appear on a civic organization’s letterhead. However, it may not identify him as a judge or an attorney.
(Dated: October 1, 1985)