May a judge lead a fundraising charity and appear on its letterhead without a judicial title?

Plain-English summary

A judge was asked to become president of a charitable organization that raised funds. Its first vice president would handle fundraising; the judge’s name would not be used to raise money. The president’s name traditionally appeared on letterhead, and hers would appear without judicial title.

The Commission concluded that the proposed service and name listing were permitted. The organization was not expected to litigate before the judge or regularly in other courts, and the presidency would neither impair impartiality nor interfere with judicial duties.

Canon 5B allowed a judge to be listed as an officer but limited solicitation and use of office prestige. The Commission said the judge should not give the charity investment advice or use her judicial title on stationery known to be used for fundraising.

In practice

The holding depends on the vice president handling fundraising, the judge’s title being omitted, and the charity’s nonlitigation profile.

Common questions

Q: Could the judge serve as charity president?

A: Yes, under the arrangements presented.

Q: Could her name appear on the letterhead?

A: Yes, without a judicial title.

Q: Could the letterhead use her judicial title in solicitations?

A: No. The opinion said that would use office prestige to solicit funds.

Q: Could she give the charity investment advice?

A: No. The opinion applied Canon 5B(3)’s restriction.

Background and rules framework

Canon 5B governs charitable service. Its subsections (1), (2), and (3) address organizations involved in litigation, fundraising and office prestige, and investment advice.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5B, including subsections (1), (2), and (3)

Other opinions cited:

• Alabama Advisory Opinion 84-216

See also

• AL Judicial Ethics Op. 04-835: Prior Municipal Service and a City Case
• AL Judicial Ethics Op. 04-836: Chairing a Community Corrections Board

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 04-837

Original opinion text

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

JUDICIAL INQUIRY COMMISSION

DATE ISSUED: MARCH 12, 2004

ADVISORY OPINION 04-837

SERVING AS PRESIDENT OF CHARITABLE
ORGANIZATION

ISSUES

I. May a judge serve as the president of a
charitable organization that engages in fund
raising? Answer: Yes.

II. May the judge’s name appear on the
organization’s letterhead? Answer: Yes.

FACTS

A judge is a member of a charitable
organization which has fund raising
activities, including annual fund raising fora
charity selected by the vote of the members.
Since becoming a judge, her name has not
been used and she has not actively
participated in fund raising. She has been
asked to serve as president of the
organization for the coming year. Ifthe judge
accepts, fund raising will be handled by the
first vice president and the judge’s name will
not be used to raise money. However, the
president’s name has historically appeared on
the organization’s letter head. If the judge’s
name appeared, it would be without her
judicial title.

DISCUSSION

Canon 5B of the Alabama Canons of Judicial
Ethics permits a judge to participate in civic
and charitable activities “that do not reflect
adversely upon his impartiality or interfere
with the performance ofjudicial duties.” The
same canon further provides that service as
an officer of a charitable organization is
permissible subject to the following
limitations:

(1) A judge should not serve if it is
likely that the organization or
institution will be engaged in
proceedings that would ordinarily
come before him or will be regularly

engaged in adversary proceedings in
any court.

(2) It is desirable that ajudge not solicit
funds for any educational, religious,
charitable, fraternal, or civic organiza-
tion or institution, or use or permit the
use of the prestige of his office for that
purpose, but he may be listed as an offi-
cer, director, or trustee of such an orga-
nization or institution.

(3) A judge should not give investment
advice to such an organization or insti-
tution, but he may serve on its board of
directors or trustees even though it has
the responsibility for approving invest-
ment decisions.

The Commission finds no conflict between
these provisions and the contemplated activ-
ity. Serving as the president of the organiza-
tion in question would not reflect adversely
on the judge’s impartiality, nor is it likely to
be so time consuming as to interfere with the
performance of judicial duties. Canon 5B.
The organization is not one that will be en-
gaged in proceedings that would ordinarily
come before the judge’s court, or that will be
regularly engaged in adversary proceedings
in any court. Canon 5B(1). Ifthe judge serves
as president of the organization, she should
not give investment advice to it. Canon 5B(3).

A judge’s name may be listed as an officer,
director or trustee on the letterhead ofa char-
itable organization. Canon 5B(2). However,
she may not be listed as a judge when she
knows that the stationery will be used in fund
solicitations. Using the judicial title in such
afashion would permit the use of the prestige
of her office for the purpose of soliciting funds
in violation of Canon 5B(2). Advisory Opin-
ion 84-216.

REFERENCES

Advisory Opinion 84-216.

ADVISORY OPINION 04-837
PAGE 2

Alabama Canons of Judicial Ethics, Canons
5B, 5B(1), 5B(2) and 5B(3).

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 Ju-
dicial Inquiry Commission. For further infor-
mation, 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].