May a D.C. judge appear on fundraising letterhead or recommend a grant?
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This page answers the general question as of 2022. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
The Advisory Committee addressed three related activities: placing a judge's name on an organization's fundraising or membership letterhead, soliciting contributions or members, and recommending grants. Opinion No. 15 supersedes Opinion No. 8 because the Code provisions and comments addressed there changed in 2012.
Under Rule 3.7(A)(2), a judge may solicit contributions for the organizations described in the opinion only from family members or judges over whom the judge has no supervisory or appellate authority. Rule 3.7(A)(3) separately permits membership solicitation for an organization concerned with the law, the legal system, or the administration of justice, even if dues support its objectives.
Comment 4 to Rule 3.7 permits a fundraising or membership letterhead to identify the judge's position. The opinion concludes that this is neither coercive nor an abuse of judicial prestige when the judge is identified in the same way as others on the letterhead. Rule 3.7(A)(5) also permits a judge to recommend a grant when the recipient organization concerns the law, legal system, or administration of justice.
In practice
The opinion distinguishes a judge's own solicitation, which Rule 3.7 limits, from an organization's use of letterhead that identifies the judge comparably with other people. Its grant conclusion is limited to organizations concerned with the law, legal system, or administration of justice.
Common questions
Q: May an organization list a judge's title on fundraising letterhead?
A: Yes. Comment 4 and the opinion permit the title or office if comparable designations appear for others on the letterhead.
Q: Whom may a judge ask for contributions?
A: Under Rule 3.7(A)(2), the opinion limits the judge's contribution solicitations to family members and judges outside the judge's supervisory or appellate authority.
Q: May the judge solicit memberships?
A: Rule 3.7(A)(3) permits solicitation of membership in an organization concerned with the law, legal system, or administration of justice, even if dues support the organization's objectives.
Q: May the judge recommend a grant?
A: Rule 3.7(A)(5) permits a recommendation to a public or private grant maker for a program or activity of an organization concerned with the law, legal system, or administration of justice.
Background and rules framework
The opinion applies D.C. Code of Judicial Conduct Rule 3.7(A)(2) on contribution solicitation, Rule 3.7(A)(3) on membership solicitation, Comment 4 on letterhead identifying a judge's position, and Rule 3.7(A)(5) on grant recommendations. It expressly supersedes Advisory Opinion No. 8, which applied the earlier Code.
Citations and references
D.C. Code of Judicial Conduct:
- Rule 3.7(A)(2), contribution solicitation.
- Rule 3.7(A)(3), membership solicitation.
- Rule 3.7, Comment 4, organizational letterhead.
- Rule 3.7(A)(5), grant recommendations.
Other opinions cited:
- Advisory Opinion No. 8, superseded by this opinion.
See also
Source
- Landing page: D.C. Code of Judicial Conduct and advisory opinions
- Original PDF: Advisory Opinion No. 15
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