May a judge chair an American Heart Association fund-raising campaign?

Plain-English summary

An appellate judge was asked to chair an American Heart Association campaign with duties including recruiting participants, presiding over meetings and campaign events, and taking part on the fund-raising day.

The Commission said Canon 5B(2) strongly discouraged, but did not absolutely prohibit, a judge's participation in civic or charitable fund raising. It emphasized that judicial title or office could not be used to solicit funds and that participation had to comply with Canons 1, 2 and 5. It therefore discouraged the proposed chairmanship but did not prohibit it on those conditions.

In practice

The opinion's answer was conditional: the judge could serve as chair only within the stated Canons. The Commission specifically distinguished participation in the event from using judicial position or title in its solicitation.

Common questions

Q: Did the Commission prohibit the chairmanship outright?

A: No. It said the Canons discouraged but did not prohibit it if the judge complied with Canons 1, 2 and 5.

Q: Could the campaign use the judge's judicial title to raise money?

A: No. The opinion reiterates that a judge may not use judicial position or title in fund-raising activities.

Background and rules framework

Alabama Canon 5B governs civic and charitable activities and Canon 5B(2) discourages solicitation or use of judicial prestige for fund raising. The Commission also applied Canons 1 and 2 to the event's public presentation.

Citations and references

Alabama Advisory Opinions 84-216, 85-242, 86-262, 88-329, 96-596, 00-747 and 00-753.

See also

• AL Judicial Ethics Op. 03-822: County Chaplain Request

Source

• Landing page: Alabama JIC advisory opinions

• Original PDF: Advisory Opinion 03-808

Original opinion text

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

JUDICIAL INQUIRY COMMISSION
DATE ISSUED: JANUARY 2, 2003 ADVISORY OPINION 03-808
SERVING AS CHAIR OF A CHARITABLE
FUND-RAISING PROGRAM
ISSUES
May a judge serve as chairman of an
American Heart Association “Jail Bail for
Heart” campaign? Answer: The Alabama
Canons of Judicial Ethics discourage but do
not prohibit such activity so long as the judge
complies with Canons 1, 2 and 5.
FACTS
An appellate judge has been asked to serve as
chairman of the 2003 American Heart
Association “Jail Bail for Heart” campaign.
The chairman’s responsibilities include
helping identify and recruit “parole board”
members, overseeing/managing parole board
responsibilities, helping identify potential
personal teams, presiding over the parole
board meeting, attending and presiding over
the jail bail captain’s luncheon, attending and
presiding over the jail bird kickoff party, and
participating in Jail Bail Day.
DISCUSSION
This matter is governed primarily by Canon
5B of the Alabama Canons of Judicial Ethics.
Canon 5B states 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,” and that a judge may serve as an
officer,director,trustee,ornonlegaladvisorof
a religious, charitable, or other civic
organization subject to certain limitations,
including the following:
(2) 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.
The Commission has previously addressed
participation in fund raising as follows:
. . . Canon 5B(2) strongly discourages
but does not absolutely prohibit
participation in fund raising for civic
andcharitableorganizations. See,e.g.,
Advisory Opinions 83-174 and 96-

596. Participation in fund raising
     presents a danger that the prestige of
     the judicial office will be used for the
     solicitation of funds. Advisory
     Opinions 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 of the provisions
     of Canons 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
     Opinions 83-174, 83-179, 85-242, and
     96-596.
     ADVISORY OPINION 03-808
     PAGE 2
     Advisory Opinions 00-747 and 00-753.
     In AdvisoryOpinion 00-753, the Commission
     concluded that a judge may not use his
     judicial position or title in fund-raising
     activities. See also, Advisory Opinions 84-
     216 (a judge should not permit his name to be
     listed along with the title “Judge” on
     stationeryof an educational foundation that he
     knows will be used for the purpose of
     soliciting funds because to do so would
     “permit the use of the prestige of his office for
     the purpose of soliciting funds”); and
     Advisory Opinion 96-596 (advising a judge
     that his name should not be listed as a judge
     on an invitation to a fund-raising dinner that
     would be held in the judge’s home).
     In AdvisoryOpinion 85-242, the Commission
     concluded that the Alabama Canons of
     Judicial Ethics did not absolutely prohibit a
     judge from participating as the “judge” who
     setmock fines that arrestees (local dignitaries)
     were required to raise for charityin order to be
     set free. However, the Commission cautioned
     that a judge who participated in such an
     activity should be ever mindful of the
     provisions of Canons 1 and 2, and limit his
     activities so that he does not lend the prestige
     of his judicial office to the event. Thus, the
     Commission informed the judge that the
     canons discouraged him from acting as the
     “judge” in the fund raiser and, if he did
     participate,heshould not appearin his judicial
     robes.
     In AdvisoryOpinion 86-262, the Commission
     decided that the canons did not prohibit a
     judge from participating in a hike-bike-run
     fund-raising eventbut that the judge should be
     ever mindful of the provisions of Canon 5 and
     should not participate if it appeared the
     organization would use the prestige of his
     judicial office for fund solicitation.
     This type of event also was the subject of
     Advisory Opinion 88-329. Following its
     earlier opinions, the Commission stated that
     the judge could participate so long as he did
     not interpose the prestige of his judicial office
     into the event and so long as he structured his
     participation to minimize the risk of conflict
     with his judicial duties.
     It is the opinion of the Commission that the
     Canons of Judicial Ethics discourage service
     as chairman of the fund-raising event at issue
     but do not prohibit this activity so long as the
     judge’s participation complies with Canons 1,
     2 and 5.
     REFERENCES
     Alabama Advisory Opinions 84-216, 85-242,
     86-262, 88-329, 96-596, 00-747, and 00-753.
     Alabama Canonsof Judicial Ethics, Canons 1,
     2, 5B and 5B(2).
     Alabama Canons of Judicial Ethics,
     Commentary to Canon 2.
     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
     information, you may contact the Judicial
     Inquiry Commission, P. O. Box 303400,
     Montgomery, Alabama 36130-3400; tel.:
     (334) 242-4089; fax: (334) 353-4043; E-mail:
     [email protected].