23.18.07. Participation in educational, religious, charitable, fraternal, or civic organizations and activities

A judge may participate in activities sponsored by organizations or governmental entities concerned with the law and those sponsored by educational, religious, charitable, fraternal or civic organizations.  Notice that these organizations are the type that help the community (to be distinguished from a for profit company).  The underlying concern here is whether participation would adversely reflect on the judge’s independence, integrity and impartiality.[1]

            Once it is determined that it is they type of organization or group with which a judge can be involved, the next question:  what can the judge do?  Here are a list of things that a judge may ethically do for the group:

• plan a fundraiser
• solicit contributions but only from members of the judge’s family or from judges that the soliciting judge soes not have supervisory or appellate jurisdiction over
• solicit membership only if organization is concerned with the law, the legal system or administration of justice
• attend, speak at, receive an award from the group or be featured on the program for an event – but if it is a fund-raising event, the judge may participate only if the event concerns the law, legal system, or administration of justice
• serve as an officer, trustee or nonlegal advisor unless the organization will be engaged in proceedings that ordinarily come before the judge or will be in a case in the court of which the judge is a member.[2]

Of course there are a million permutations of involvement with organizations – each has to be dealt with on its own terms.  For example, if a group wants to send out a fund-raising or membership solicitation, it is not improper for the group to list on the letterhead the judicial position of the judge/member so long as the same designations are made for others listed on the letter.[3]  In addition, it is not inappropriate for a judge to encourage lawyers to engage in pro bono representation – such encouragement is not considere coercion on the part of the judge.[4]

[1] ABA Code of Judicial Conduct, Canon 3, Rule 3.7, Comment [2].

[2] ABA Code of Judicial Conduct, Canon 3, Rule 3.7(A)(6).

[3] ABA Code of Judicial Conduct, Canon 3, Rule 3.7, Comment [4].

[4] ABA Code of Judicial Conduct, Canon 3, Rule 3.7, Comment [5].