Ezel / Ethics Opinions / JUDICIAL-AR

Could a judge personally solicit charitable pledges from out-of-state nonlawyer Kiwanis members?

Short answer No. The Committee said the Canon’s ban on a judge’s direct individual fundraising applied even when the prospective donors were out-of-state nonlawyers.
Bar
JUDICIAL-AR
Issued
May 5, 2004

Apply this to your situation

This page answers the general question as of 2004. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2004
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A circuit judge wished to solicit pledges personally from Kiwanis members who lived outside Arkansas and were not lawyers.

The Committee said then-current Canon 4(C)(3)(b) allowed certain service with charitable organizations but barred a judge’s personal participation in fund solicitation. The donors’ location and profession did not create an exception.

In practice

The opinion rejects the judge’s proposed direct request for pledges. Its conclusion does not depend on whether the solicited person practices law or lives in Arkansas.

Common questions

Q: Could the judge solicit out-of-state Kiwanis members directly?

A: No. The Committee said the prohibition still applied.

Q: Did the donors’ nonlawyer status matter?

A: No. The opinion said that fact made no difference.

Background and rules framework

The Committee applied Arkansas Code of Judicial Conduct Canon 4(C)(3)(b) and its commentary as they stood in 2004.

Citations and references

  • Arkansas Code of Judicial Conduct Canon 4(C)(3)(b) and commentary.

See also

No sibling opinions yet indexed.

Source

Original opinion text

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

May 5, 2004

Honorable Ralph Wilson, Jr.

5th Division Circuit Court

PO Box 506

Osceola, AR 72370

RE: Advisory Opinion #2004-03

Dear Judge Wilson:

In your capacity as circuit judge you advised this committee that you wish to personally solicit funds in the form of pledges from fellow members of Kiwanis who reside outside the state of Arkansas and who are not attorneys. You asked for our opinion as to whether this would violate the Arkansas Code of Judicial Conduct.

You are correct in assuming your proposed conduct would fall under Canon 4C(3)(b). As you noted in your request judges are allowed serve as officers, directors, or trustees of charitable organizations. However, the Canons are clear that a judge “..shall not personally participate in the solicitation of funds or other fund raising activities…”. The Commentary points out that “A judge must not engage in direct, individual solicitation of funds…”. The fact that the person from whom you would be soliciting funds is not an attorney and lives outside the state of Arkansas is of no consequence. The prohibition is clear and no exceptions are provided for as involved in your situation.

Sincerely

David B. Bogard

For the Committee

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