Should a judge who founded a juvenile detention facility personally accept donations to its building fund?

Plain-English summary

A judge founded and directed a juvenile detention facility used for referrals from the judge’s court. The judge would not solicit contributions but was publicly associated with the facility and asked about accepting gifts for its building fund. Other officers could receive donations.

The Commission did not describe acceptance as an absolute prohibition. Under Canon 5B(2), it said it was desirable that the judge not accept the donations because doing so could indirectly use the prestige of judicial office for fundraising, especially when nonjudicial officers were available.

Currency note

This opinion was issued in 1982, 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 the judge proposing to solicit donations?

A: No. The request assumed the judge would not solicit or attempt to raise funds.

Q: Why did the Commission still discourage acceptance?

A: The judge’s public association with the facility could indirectly use judicial prestige for fundraising, and other officers could accept the gifts.

Background and rules framework

The opinion quotes Canon 5B(2) on avoiding fund solicitation and use of judicial prestige, then applies that language to accepting contributions.

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5B(2)
• Canon 5B

See also

• AL Judicial Ethics Op. 83-174: Shrine Charity Committee

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 82-166
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

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

82-166
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
November 22, 1982
The Judicial Inquiry Commission has considered your request for an advisory opinion concerning whether a judge, who is a founder and director of a juvenile detention facility, can accept a donation or contribution on behalf of the building fund of that facility which has been established specifically for referrals from his court. It is understood that the judge will not solicit or attempt to raise any such monies, but he is publically identified with the facility which has the building fund. It is assumed that there are non-judicial officers available to accept such contributions or donations if necessary. Canon 5B(2) provides that: 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 be may be listed as an officer, director, or trustee of such an organization or institution. (emphasis added). In view of the provisions of Canon 5B, it is the opinion of the Commission that it is desirable that a judge not accept donations or contributions under the stated circumstances. For a judge to do so, even though he does not personally solicit or attempt to raise such funds, would create an unnecessary risk that the prestige of his office would be used, albeit Indirectly, for such solicitation or fundraising. This is particularly true since there are other non-judicial officers available to accept contributions and donations. Sincerely, JUDICIAL INQUIRY COMMISSION