23.18.13. Judge accepting gifts, loans, bequests, benefits, or other things of value

A gift or something of value to a judge where the judge does not pay market price could be viewed as an attempt to influence the judge’s decision in a case.[1] he way the CJC handles gifts is to break them down into 3 tiers.  The first are those gifts, etc. that a judge is prohibited from accepting – those that would appear to a reasonable person to undermine the judge’s impartiality.  Note that these rules do not apply to gifts, etc. received by the judge’s spouse or someone related to the judge – but a judge should advise the family member to be aware of the judge’s limitations when accepting the gift.

The second tier are gifts that the judge can receive without reporting them.  These include:  (i) items of little intrinsic value (plaques/certificates); (ii) gifts, loans, bequests, etc. from friends and relatives that would require disqualification of the judge anyway; (iii) ordinary social hospitality; (iv) commercial discounts that are also available to the general public; (v) rewards/prizes that are not dependent on the person being a judge; (vi) scholarships that are available to others; (vii) publications (books, magazines, etc.) giving to the judge on a complimentary basis for office use; and (viii) gifts, awards, etc. received by a judge’s spouse or family member residing in the judge’s household.[2]

First Bank of Springfield, to honor those who serve in the court system, are offering a special to judges:  1% lower interest rates on mortgages than are offered generally to the public.  Judge Judy obtained the lower interest rate on the loan.  Is Judge Judy subject to discipline? [ABA CJC, Rule 3.13, Comment [3]

Yes.  The Rule provides that a lawyer can accept commercial specials and discounts deals so long as they are available to the general public on an equal basis.  Because the deal here was only available judges and not generally available, Judge Judy acted unethically accepting the lower interest rate.[3]

The third tier are those gifts, etc. that the judge may receive but that must be reported.  These include:  (i) gifts incident to a public testimonial; (ii) invitation to attend without charge to the judge or a judge’s spouse – a bar-related event or an event associated with an educational, religious, charitable, etc. activity that does not violate the CJC.[4]

[1] ABA Code of Judicial Conduct, Canon 3, Rule 3.13(A) and Comment [1].

[2] ABA Code of Judicial Conduct, Canon 3, Rule 3.12(B)(1) – (8).

[3] ABA Code of Judicial Conduct, Canon 3, Rule 3.13, Comment [3].

[4] ABA Code of Judicial Conduct, Canon 3, Rule 3.13(C).