Can a lawyer or law firm give a holiday gift or a loan to a judge or court employee?

Plain-English summary

The opinion, updated to the current Hawaii rules, addresses gifts and loans by lawyers to the judiciary. It concludes that it is improper for an attorney or a law firm to give gifts or lend anything to a judge, official, or employee of a tribunal if acceptance is prohibited by law or would appear to a reasonable person to materially impair the judge's independence, integrity, impartiality, temperament, or fitness to fulfill the duties of judicial office. The opinion states that, without limiting that prohibition, it expressly applies to Christmas and other holiday gifts or loans by attorneys and law firms.

The opinion anchors the prohibition in HRPC 8.4(f), which makes it professional misconduct for a lawyer to knowingly assist a judge or judicial officer in conduct that violates the rules of judicial conduct or other law, and HRPC 3.5(a), which bars a lawyer from seeking to influence a judge or other decision-maker by means prohibited by law. It ties these to Rule 3.13(a) of the Revised Code of Judicial Conduct, under which a judge shall not accept gifts, loans, or other things of value if acceptance is prohibited by law or would appear to materially impair the judge.

The opinion concludes that it does not prohibit an individual lawyer from making a gift or loan to a judge, official, or court employee where there is a bona fide, appropriate social relationship justifying it and the gift or loan is not otherwise in violation of the Hawaii Rules of Professional Conduct or the Code of Judicial Conduct.

In practice

Under this opinion, as updated to the current rules, a law firm's customary holiday gift to a judge or court staff is treated as improper, because the lawyer's gift cannot facilitate a judge's acceptance of something the judge may not accept. The opinion holds that the test tracks the judicial-conduct standard: whether acceptance is prohibited by law or would appear to a reasonable person to materially impair the judge. It preserves a narrow space for an individual lawyer's gift grounded in a bona fide personal relationship, provided no professional-conduct or judicial-conduct rule is otherwise violated.

Common questions

Q: Can a law firm send a judge a holiday gift?

A: The opinion concludes that holiday gifts and loans by attorneys and law firms are expressly covered by the prohibition; they are improper where acceptance would be prohibited or would appear to materially impair the judge.

Q: Is every gift from a lawyer to a judge barred?

A: No. The opinion concludes an individual lawyer may make a gift or loan where a bona fide, appropriate social relationship justifies it and no professional-conduct or judicial-conduct rule is otherwise violated.

Q: What standard decides whether a gift is improper?

A: Per the opinion, the gift is improper if acceptance is prohibited by law or would appear to a reasonable person to materially impair the judge's independence, integrity, impartiality, temperament, or fitness, mirroring RCJC Rule 3.13(a).

Background and rules framework

The opinion interprets HRPC 8.4(f) (knowingly assisting a judge in conduct that violates judicial-conduct rules or other law) and HRPC 3.5(a) (influencing a judge by means prohibited by law), read together with Rule 3.13(a) of the Revised Code of Judicial Conduct. These correspond to Model Rules 8.4 and 3.5 and to the analogous gift provision of the Model Code of Judicial Conduct.

Citations and references

Rules of Professional Conduct (Hawaii; cf. Model Rules):

• HRPC 8.4(f) (assisting a judge's violation) (cf. Model Rule 8.4)
• HRPC 3.5(a) (improperly influencing a judge) (cf. Model Rule 3.5)

Other authorities:

• Revised Code of Judicial Conduct Rule 3.13(a) (judge's acceptance of gifts and loans)

See also

• ISBA Ethics Op. 86-18: Lawyer Bearing Expense of a Golf Outing for Clients and Judges
• NY State Bar: Law Firm Hosting Judges at a Holiday Party
• CA COPRAC Op. 2011-180: Gifts From a Client

Source

• Landing page: https://dbhawaii.org/legal-ethics-advice-for-hawaii-lawyers/
• Original PDF: https://dbhawaii.org/wp-content/uploads/FO_24.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.
Board M embers

Disciplinary Board of the Hawai#i Supreme Court
201 Merchant Street, Suite 1600
Honolulu, Hawai#i 96813
Telephone (808) 599-1909
www.odchawaii.com

James L. Branham, Esq.
Gary M . Farkas, Ph.D., M BA
Diane D. Hastert, Esq.
Philip D. Hellreich, M .D.
Shelton G.W. Jim On, Esq.
Harrilynn K. Kame#enui, Esq.
Hon. Evelyn B. Lance (Ret.)
Philip H. Lowenthal, Esq.
Jeffrey P. M iller, Esq.
Carolene N. Kawano Neely, M .S.W., M .Ed.
Jeffrey S. Portnoy, Esq.
Irwin J. Schatz, M .D.
Judith A. Schevtchuk, Esq.
Asst. Chief Eugene Uemura, (Ret.), M A.Ed.

Chairperson

Hon. Clifford L. Nakea (Ret.)
Vice Chairperson

Hon. Leslie A. Hayashi
Secretary

Nathan J. Sult, Esq.
Treasurer

Joy M . M iyasaki, Esq.
Filing Clerk

Faye F. Hee
Board Counsel

Bradley R. Tamm, Esq.

FORMAL OPINION NO. 24
It is improper for an attorney or a law firm to give gifts or
lend anything to a judge, official, or employee of a tribunal if
acceptance is prohibited by law or would appear to a reasonable
person to materially impair the judge’s independence, integrity,
impartiality, temperament, or fitness to fulfill the duties of
judicial office. HPRC 8.4(f); HRPC 3.5(a); RCJC Rule 3.13. Without
limiting the foregoing, this prohibition expressly applies to
Christmas or other holiday gifts or loans by attorneys and law
firms.
This opinion does not prohibit an individual lawyer from
making a gift or a loan to a judge, official, or employee of a
tribunal if there is a bona fide, appropriate social relationship
justifying such a loan or gift and if such a loan or gift is not
otherwise in violation of the Hawai#i Rules of Professional Conduct
or the Code of Judicial Conduct.
HRPC 8.4(f)

It is professional misconduct for a
lawyer to knowingly assist a judge or
judicial officer in conduct that is a
violation of applicable rules of judicial
conduct or other law.

HRPC 3.5(a)

A lawyer shall not seek to influence a
judge,
juror,
prospective
juror,
discharged juror, or other decision maker
by means prohibited by law.

RCJC Rule 3.13(a)

A judge shall not accept any gifts,
loans, bequests, benefits, or other
things of value, if acceptance is
prohibited by law or would appear to a
reasonable person to materially impair
the judge’s independence, integrity,
impartiality, temperament, or fitness to
fulfill the duties of judicial office.

The Disciplinary Board’s mission is to maintain the integrity of the legal profession
and protect the public from professional misconduct by attorneys.

DATED:

Honolulu, Hawai#i, May 22, 1979
C. Frederick Schutte
Chairperson, Disciplinary Board

UPDATED:

Honolulu, Hawai#i, June 28, 2001
Carroll S. Taylor
Chairperson, Disciplinary Board

UPDATED:

Honolulu, Hawai#i, March 19, 2015

Hon. Clifford L. Nakea (Ret.)
Chairperson, Disciplinary Board

FORMAL OPINION NO. 24, Page 2.