May a judge serve as a Veterans of Foreign Wars post commander or district advocate?
Apply this to your situation
This page answers the general question as of 1988. 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 judge asked about becoming a Veterans of Foreign Wars post commander or district advocate. The Committee reviewed selected organizational provisions on duties and fundraising.
It classified the organization as fraternal or civic under then-cited Canon 4C and permitted post commander service subject to the prohibition on soliciting funds or lending judicial prestige to fundraising.
It said district advocate service was impermissible if that role, like the described post advocate role, required legal advice or assistance.
In practice
The opinion allows post command subject to fundraising limits and conditions any district advocate role on avoiding legal advice or assistance.
Common questions
Q: May the judge serve as post commander?
A: Yes, subject to the Canon 4C fundraising condition.
Q: May the judge solicit funds for the organization?
A: No. The opinion quotes Canon 4C’s restriction.
Q: May the judge serve as district advocate?
A: Not if the duties involve rendering legal advice or assistance.
Background and rules framework
The opinion applies the then-cited Maryland Code of Judicial Conduct, Canon 4C, to fraternal or civic organization service and fundraising.
Citations and references
- Maryland Code of Judicial Conduct, Canon 4C.
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1988-04
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1988-04
Date of Issue: November 15, 1988
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Judge May Be Post Commander or District Advocate of the Veterans of Foreign Wars If Soliciting of Funds or Rendering of Legal Advice or Assistance Is Not Involved
A judge has inquired whether it would be permissible for him to serve as Commander of a Post of the Veterans of Foreign Wars or as Advocate for a District of that organization.
Canon 4C of the Maryland Code of Judicial Conduct provides that:
“A judge may participate and serve as a member, officer, director, trustee, or non- legal advisor of an educational, religious, charitable, fraternal, law-related or civil [sic] organization not conducted for the economic or political advantage of its members subject to [certain conditions].” The condition particularly relevant here is that:
“A judge should not solicit funds for any such organization, or use or permit the use of the prestige of the judge’s office for that purpose, but a judge may be listed as an officer, director, or trustee of the organization.” The judge has submitted to the Committee selected parts of the Constitution of the organization defining the purpose of the organization, the duties of Post Commander and Post Advocate, and restrictions on fund-raising activities. Based upon those provisions, we conclude:
(1) That the Veterans of Foreign Wars is a fraternal or civil [sic] organization for purposes of Canon 4C;
(2) That subject to the condition noted above, the judge may serve as Post Commander; but
(3) That if the duties of Advocate for the District involve the rendering of legal advice or assistance, as do the duties of Post Advocate under Section 218 of the organization’s Constitution, the judge may not serve in that capacity.
What do the rules say today, for your facts?
This opinion is from 1988. 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