May a judge cohost an informational meeting introducing a charitable women's fund?

Plain-English summary

A judge was asked to cohost a meeting introducing the Women's Fund, a new component of a Birmingham-area community foundation. The event would not directly solicit funds or distribute solicitation brochures. The judge would attend and help identify invitees.

The Commission allowed the proposed role so long as it did not adversely affect impartiality or judicial duties. It cautioned that Canon 5B(2) discouraged fundraising and misuse of judicial prestige. The Commission permitted the proposed meeting subject to Canon 5B's limits on impartiality and judicial duties.

Currency note

This opinion was issued in 2000, after the Alabama Supreme Court's 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.

Common questions

Q: Was direct fundraising planned at the meeting?

A: No. The described event had no direct fund request or fundraising brochures.

Q: What condition governed the judge's participation?

A: The Commission said participation could not adversely reflect on impartiality or interfere with judicial duties.

Background and rules framework

Alabama Canon 5B permitted civic participation that did not impair impartiality or duties, and Canon 5B(2) discouraged solicitation and use of judicial prestige for funds. The Commission also referred to Canons 1 and 2.

Citations and references

The opinion cites Alabama Canons 1, 2, 5B, and 5B(2), and Advisory Opinions 81-101, 83-174, 83-179, 85-242, 93-492, and 96-596.

See also

• AL Judicial Ethics Op. 93-492: Big Brothers and Sisters Speech

Source

• Landing page: Alabama JIC advisory opinions

• Original PDF: Advisory Opinion 00-747

• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: MARCH 17,2000 ADVISORY OPINION 00-747
CO-HOSTING MEETING FOR CIVIC OR
CHARITABLE ORGANIZAnON
ISSUE
May a judge co-host an informative
presentation concerning the Women's Fund, a
new component of the Community
Foundation of Greater Birmingham?
Answer: Yes, so long as the judge's
participation does not reflect adversely upon
her impartiality or interfere with the
performance ofher judicial duties.
FACTS
A judge has been asked to co-host an
informative presentation introducing the
Women's Fund to her community. The
Women's Fund is a new component to the
Community Fund of Greater Birmingham.
The Community Fund is similar to United
Way. It is an umbrella organization that raises
and distributes money to other civic and
charitable organizations. The Women's Fund
is intended to address currently unmet
women's needs. There will be no direct
solicitation of funds during the meeting and
no brochures which solicit funds will be
distributed. However, if a question is asked
during the presentation regarding how the
Women's Fund obtains and distributes
contributions, the question will be answered.
As a co-host, the judge would be asked to
attend the meeting and to provide names for
the invitation list.
DISCUSSION
Canon 5B provides that 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." Thus, the judge may
not serve as a co-host of the Women's Fund
presentation ifthis would reflect adversely on
her impartiality or interfere with the
performance ofher judicial duties.
Canon 5B(2) also is relevant to the question
presented. Canon 5B(2) provides:
It is desirable that a judge not solicit
funds for any educational, religious,
charitable, fraternal, or civic
organization or institution, 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 or institution.
As the Commission has previously stated,
Canon 5B(2) strongly discourages but does
not absolutely prohibit participation in fund
raising for civic and charitable organizations.
See, e. g., Advisory Opinions 83-174 and 96­

596. Participation in fund raising presents a
     danger that the prestige ofthe judicial office
     will be used for the solicitation of funds.
     AdvisoryOpinions 81-101 and 96-596. It also
     involves a danger that the person solicited will
     feel obligated to respond favorably if the
     judge is in a position of influence or control.
     Commentary to the Model Code of Judicial
     Conduct, Canon 4C(3)(b) (1990). A judge
     who participates in fund raising for a civic or
     charitable organization must be ever mindful
     ofthe provisions ofCanons 1 and 2, and must
     limit such participation so that he or she does
     not lend the prestige of his or her judicial
     office to the event or otherwise violate either
     the letter or the spirit of Canons 1 and 2.
     ADVISORY OPINION 00-747
     PAGE 2
     Advisory Opinions 83-174, 83-179, 85-242,
     and 96-596.
     In Advisory Opinion 93-492, the Commission
     decided the Alabama Canons of Judicial
     Ethics pennitted ajudge to speak on behalfof
     the need for a Big Brothers/Big Sisters
     organization even though a portion of the
     same program would involve direct
     solicitation by other speakers of financial
     contributions for that organization. However,
     the Commission advised that a judge should
     not appear in his judicial robe in making such
     a presentation.
     REFERENCES
     Alabama Advisory Opinions 81-101,83-174,
     83-179,85-242,93-492,96-596.
     Alabama Canons ofJudicial Ethics, Canons 1,
     2, 5B, and 5B(2).
     Commentary, Model Code of Judicial
     Conduct, Canon 4C(3)(b) (1990).
     This opinion is advisory only and is based on
     the specific facts and questions submitted by
     the judge who requested the opinion pursuant
     to Rule 17 of the Rules of Procedure of the
     Judicial Inquiry Commission. For further
     infonnation, you may contact the Judicial
     Inquiry Commission, 800 South McDonough
     Street, Suite 201, Montgomery, Alabama
     36104; tel.: (334) 242-4089; fax: (334) 240­
     3327; e-mail: [email protected].