Could a Maryland judge be honored at a luncheon whose souvenir program solicited charitable contributions?
Apply this to your situation
This page answers the general question as of 1975. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A charity chapter planned to honor a judge at an annual luncheon. Ticket prices covered food, but solicited congratulatory messages in a souvenir program would supply money for named charities.
The Committee contrasted its earlier approval of a testimonial dinner unrelated to fundraising with the present program's contribution drive. It concluded that solicitation for the souvenir program fell squarely within Canon XXIV and Rule 8's prohibition concerning use of judicial office and solicitation.
Currency note
This opinion discusses the Maryland judicial ethics provisions in force at the time it was written. Its analysis is historical; verify the current Maryland Code of Judicial Conduct and the linked opinion before relying on a cited provision.
Common questions
Q: Did the fact that tickets only covered meal costs resolve the problem?
A: No. The event raised charitable contributions through solicited souvenir-program messages.
Q: Could a judge attend any testimonial dinner under the cited opinion?
A: The Committee recounted earlier advice allowing one only if it was not directly or indirectly related to fundraising or solicitation.
Q: What was the holding for this luncheon?
A: The Committee found the souvenir-program solicitation squarely within the Canon and Rule's prohibition.
Background and rules framework
The opinion applies Maryland's then-cited Canon XXIV and Ethics Rule 8 to a luncheon where a judge would be honored and a souvenir program would raise charitable contributions.
Citations and references
- Maryland Canons of Judicial Ethics, Canon XXIV; Rules of Judicial Ethics, Rule 8.
- Maryland JEC Opinion Request 1974-02.
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1975-01
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1975-01
Date of Issue: February 19, 1975
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Judge Not to Be Guest of Honor at Fundraiser
The Judicial Ethics Advisory Committee has considered your letter of February 3, making inquiry as to the propriety of your attending a luncheon to be given in your honor on May 18, 1975, by the Maryland Chapter of [X organization].
You state that the luncheon is held annually; that the major attraction is a guest speaker, and that a resident of Maryland is honored by being designated as Woman of the Year. Invitations to the luncheon are mailed to members of the Chapter, as well as to relatives and friends of the recipient of the award. The invitations will indicate that the luncheon is for the benefit of the Y in and Z Relief Fund.
Because of the fact that the price of the luncheon tickets covers only the cost of the luncheon, the funds to be donated to the designated charities are derived from the publication of a souvenir program which contains messages of congratulations to [X organization], the guest speaker, and the recipient of the award. Members of the Chapter personally solicit such messages from business and community leaders who have contributed over the years and from members of the family and friends of the recipient of the award who are designated by her.
In April of 1974 [Opinion Request No. 1974-02], our Committee had occasion to rule on the propriety of a judge’s acceptance of an invitation to a testimonial dinner to be given in his honor by a charitable organization. In our opinion letter we referred to Maryland Canon XXIV, which provides:
“A judge should avoid giving ground for any reasonable suspicion that he is utilizing the power or prestige of his office to persuade or coerce others to patronize or contribute, either to the success of private business ventures, or to charitable enter- prises. He should, therefore, not enter into such private business, or pursue such a course of conduct, as would justify such suspicion, nor use the power of his office or the influence of his name to promote the business interests of others; he should not solicit for charities, nor should he enter into any business relation which, in the normal course of events reasonably to be expected, might bring his personal interest into conflict with the impartial performance of his official duties.” and to Maryland Rule 8, which provides:
“A judge shall not, directly or indirectly, lend the influence of his name or the prestige of his office to aid or advance the welfare of any private business or permit others to do so. He shall not personally solicit funds for any purpose, charitable or otherwise.”
We concluded that there was no impropriety in a judge’s attendance at a testimonial dinner
given in his honor so long as the dinner is not directly or indirectly related to a campaign for funds or to the solicitation of funds, which would even include situations where the price of the tickets exceeded the cost of the dinner. Maryland Judicial Ethics Committee Opinion Request Number: 1975-01 Date of Issue: February 19, 1975 O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice Page 2 of 2
It is the Committee’s opinion that the solicitation of contributions in support of the souvenir program comes squarely within the prohibition contained by the Canon and the Rule.
What do the rules say today, for your facts?
This opinion is from 1975. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace