Could a Maine probate judge allow a robed adoption photograph to appear in a charity’s fundraising brochure?

Short answer No. The committee found participation inappropriate under the canons restricting use of judicial prestige to advance private interests or fundraising.
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JUDICIAL-ME
Issued
August 26, 2003

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This page answers the general question as of 2003. 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 2003
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.
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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 as a PDF) is the authoritative source for any reliance.
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Plain-English summary

A probate judge was asked to permit an adoption photograph showing him in robes with a family to appear in a Maine Children’s Home brochure. The proposed brochure described the adoption process and would be used for charitable solicitations. Source: Opinion 03-2.

The committee cited Canon 2(B)’s restriction on lending the prestige of judicial office to advance private interests and Canon 4(C)(3)(b)(iii)’s restriction on using that prestige for fundraising or membership solicitation. Source: Opinion 03-2.

In view of those restrictions, the committee concluded that the judge’s participation in the proposed brochure would be inappropriate. Source: Opinion 03-2.

In practice

For the proposed fundraising brochure, the committee treated the robed judicial photograph as participation barred by the judicial prestige restrictions it cited. Source: Opinion 03-2.

Common questions

Q: Could the charity use the judge’s robed adoption photograph in the brochure?

A: The committee concluded that it would be inappropriate for the judge to participate in that proposed use. Source: Opinion 03-2.

Q: Did the brochure’s use for fundraising matter?

A: Yes. The opinion identified its use for charitable solicitations and cited Canon 4(C)(3)(b)(iii), which restricted use of judicial prestige for fundraising. Source: Opinion 03-2.

Q: Which other canon did the committee cite?

A: Canon 2(B), concerning the use of judicial office to advance private interests. Source: Opinion 03-2.

Background and rules framework

The opinion applied the Maine Code of Judicial Conduct’s Canons 2(B) and 4(C)(3)(b)(iii) to the proposed use of a probate judge’s photograph in a charity brochure. Source: Opinion 03-2.

Citations and references

Maine Code of Judicial Conduct:

  • Canons 2(B) and 4(C)(3)(b)(iii).

See also

Source

Original opinion text

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

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

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JUDICIAL ETHICS COMMITTEE
Advisory Opinion 03-2
Issued: 08/26/2003

Issue

May a Probate Judge permit his likeness to appear in a brochure to be issued and distributed by the Maine Children’s Home.

Statement of Facts

The Judge in question has been furnished with a proposed form of brochure as well as a written request (and release) that he permit the use of his photograph, in which he appears in his judicial robes with a couple and their adopted child, which photograph has been presented to the Maine Children's Home by the adopting parents. The photograph of the Judge and the adopting parents and the child will appear in the brochure above the outline of the steps in the Adoption Process.

The Maine Children's Home, a/k/a Maine Children's Home for Little Wanderers, has provided services to families and children in Maine since 1899. Its services include assistance with adoption, the operation of a counseling center, assistance in locating foster homes, a comprehensive childcare center, a teen parent school, and other programs.

The Children's Home solicits individuals to make charitable contributions to support its ongoing activities. It also charges for some of its services and the proposed brochure will be used as part of its charitable solicitations.

Discussion
The Judicial Canons, particularly Canon 2(B), provides in part "A judge shall not lend the

prestige of judicial office to advance the private interests of the judge or others; nor shall a judge

\

convey or permit others to convey the impression that they are in a special position to influence the judge." Additionally, Canon 4, particularly 4(C)(3)(b)(iii) provides "a judge shall not use or permit the use of the prestige of judicial office for fund raising or membership solicitation." Conclusion In view of the foregoing restrictions, we are of the opinion that it would be inappropriate

for the Probate Judge to participate.

P:\rputnam\JudicialEthics\opinion 03-2.doc

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