Could sitting and retired judges take part in a charitable fundraising roast for a retired judge?

Plain-English summary

A legal-support organization planned a fundraising roast for a circuit judge who would be retired by the event. Some organizers assisted sitting judges, and excess proceeds would support the organization’s charitable and educational work.

The Committee said a retired judge could be the guest of honor or be roasted. Sitting judges could buy tickets and attend, but could not be speakers or “roasters” at the fundraising event; the program should not include their names as a sign of judicial support.

The organization could promote its event, while trial court assistants among its members were to avoid suggesting that courts or officials promoted the fundraiser.

In practice

The opinion’s distinctions turn on retired versus sitting judicial status and whether the activity publicly supports fundraising.

Common questions

Q: Could the retired judge be the guest of honor?

A: Yes. The Committee found no Code bar to the retired judge being honored or roasted.

Q: Could a sitting judge serve as a roaster?

A: No. The opinion said sitting judges could attend but not speak as roasters.

Q: Could sitting judges’ names appear in the event program?

A: The Committee said inclusion would improperly lend judicial-office support to the fundraiser.

Background and rules framework

The Committee applied Arkansas Code of Judicial Conduct Canon 4(C)(3) and its commentary as they stood in 2005.

Citations and references

• Arkansas Code of Judicial Conduct Canon 4(C)(3) and commentary.
• JEAC Opinions 92-02 and 94-03 (fundraising classification).

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-2005-07/

Original opinion text

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

December 6, 2005

Judge David N. Laser

Circuit Judge, Division 9

Second Judicial District

P.O. Box 420

Jonesboro, AR 72403

RE: Advisory Opinion 2005-07

Dear Judge Laser;

Your letter asks about the propriety of a fund raiser, in the form of a “roast” for a retired Circuit Judge. Although the Circuit Judge is still on the bench, at the time of the roast in 2006, he will have retired from active duty. The fund-raiser will be put on by the Northeast Arkansas Legal Support Professionals. Some of the members of the organization are assistants to sitting circuit judges. Any funds remaining over and above expenses will be used by the organization of their ongoing charitable and educational purposes.

1) According to Canon 4(C)(3) of the Arkansas Code of Judicial Conduct, a judge may not participate in the fund raising activities of a charitable or educational organization, and may not be the guest of honor at the organization’s fund-raising event. However, we find nothing in the Code that bars a retired judge from being the speaker or guest of honor at such an event. Similarly, if the retired judge wishes, he may be “roasted” at such an event.

2) The Commentary to Canon 4(C)(3) states that a sitting judge may purchase tickets and attend such an event, but may not be a speaker at the fund-raising event. Accordingly, we conclude that a sitting judge may not be “a roaster.” We have previously stated that even though the amount of money raised may be minimal and barely above expenses, the event must still be treated as a fund-raiser. See Advisory Opinions 92-02 and 94-03.

3) Similarly we conclude that it would be improper to include the names of sitting circuit judges in the program. Such an indication would lend the support of the judicial office to the fund raising activities of a private group.

4) The Northeast Arkansas Legal Support Professionals may promote the event and the fund-raising. Those members who are trial court assistants for circuit judges should take special precaution to avoid any suggestion that the court or court officials are promoting the event.

For the committee,

Howard W. Brill

JUDGE DAVID BOGARD DID NOT PARTICIPATE IN THIS OPINION