Could a judge take part in a charitable auction that would advertise and honor the judge?

Plain-English summary

A judge was invited to participate in a charity auction that would also honor the judge. The event’s advertising would use the judge's name and title.

The Committee rejected that role under former Canon 4’s limits on personal fundraising and use of judicial prestige. It said the judge could attend as a nonhonoree if the event literature did not feature the judge's name or title.

Currency note

This opinion was issued in 2000, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.

Common questions

Q: Could the judge volunteer in the advertised auction?

A: No. The Committee advised against participation in that fundraising event.

Q: Could the judge attend without being honored?

A: Yes, if the judge was a nonhonoree and the advertising did not include the judge’s name or title.

Background and rules framework

The opinion applied former Canons 2 and 4C(3)(b) to direct fundraising and the use of a judge’s name and office.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 2 and 4C(3)(b)(i), (iv). Other opinion cited: Illinois Judicial Ethics Advisory Opinion 99-1.

See also

• NE Judicial Ethics Op. 03-5: Gala Committee

Source

• Landing page: Nebraska Judicial Ethics Committee opinions
• Original PDF: Opinion 00-1

Original opinion text

Best-effort text extraction from the official PDF. The linked PDF is authoritative.

Nebraska Ethics Advisory Opinion 00-1

Question Presented--
Does participation in an auction that is intended to be a benefit and fundraiser for a local nonprofit organization constitute an ethical breach in the stated case?

Conclusion
The Nebraska Judiciary Member is advised to not participate in this fundraising event.
However, he/she would not be prohibited from attending this event as a nonhonoree, where his/her name and title does not appear on literature advertising this event.

Statement of Facts
A member of the Nebraska Judiciary has been asked to volunteer the judge’s time by participation in an auction that is intended to be a benefit and fundraiser for a local nonprofit organization, and a secondary purpose of this event is to honor this particular judge, along with three other individuals. The judge's name and title will be circulated on literature advertising this event.

Applicable Code Sections
Neb. Code of Jud. Cond., Canons 2 and 4

References in Addition to Nebraska Code of Judicial Conduct
Illinois Supreme Court Rule 65B; Illinois Judicial Ethics Advisory Opinion 99-1

Discussion
Canon 4 is directly on point and the language is unambiguous:

C. Governmental, Civic or Charitable Activities.

....

(3) A judge may serve as an officer, director, trustee or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, fraternal or civic organization not conducted for profit, subject to the following limitations and the other requirements of this Code.

....

(b) A judge as an officer, director, trustee or non-legal advisor, or as a member or otherwise:

(i) may assist such an organization in planning fund raising and may participate

Nebraska Ethics Advisory Opinion
00-1
Released: January 3, 2000
Page 1 of 3
 in the management and investment of the organization’s funds, but shall not participate personally in the solicitation of funds or other fund-raising activities, except that a judge may solicit funds from other judges over whom the judge does not exercise supervisory or appellate authority.

....

(iv) shall not use or permit the use of the prestige of judicial office for fund- raising or membership solicitation.

It appears that under the fact situation as proposed that participation in the above-mentioned charitable fundraiser by this member of the judiciary would be in violation of this Canon.

In the instant case, not only is the auction a fundraiser for the organization in question, the judge's name and title will be circulated on literature advertising this event.

Illinois has a similar rule to the Nebraska rule in regard to participation in fundraising events.
Illinois Supreme Court Rule 65B provides in pertinent part:

B. Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of the judge's judicial duties. A judge may serve as an officer, director, trustee, or nonlegal advisor of an educational, religious, charitable, fraternal or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:

....

(2) A judge should not solicit or permit his or her name to be used in any manner to solicit funds or other assistance for any such organization.

Illinois Judicial Ethics Advisory Opinion No. 99-1, dated January 12, 1999, held that a judge who wanted to serve as a "celebrity bagger" at a supermarket as part of a charitable fundraising effort would be prohibited from doing so pursuant to Illinois Supreme Court Rule 65B.

Disclaimer
This opinion is advisory only and is based on the specific facts and questions submitted by the person or organization requesting the opinion pursuant to appendix A of the Nebraska Code of Judicial Conduct. Questions concerning ethical matters for judges should be directed to the Ethics Advisory Committee.

Nebraska Ethics Advisory Opinion
00-1
Released: January 3, 2000
Page 2 of 3
 APPROVED AND ADOPTED
BY THE COMMITTEE ON JANUARY 3, 2000

Judge Darvid Quist
Judge Stephen M. Swartz
Judge John F. Irwin
Judge Wadie Thomas
Judge Randall Rehmeier
Judge Donald Rowlands
Judge Graten Beavers

Nebraska Ethics Advisory Opinion
00-1
Released: January 3, 2000
Page 3 of 3