May a judge score speech contests, scholarship selections, pageants, or talent shows for nonprofit groups?

Plain-English summary

A county judge was asked to act as a competition judge for nonprofit speech, scholarship, pageant, and talent events.

The Committee found no Code bar on the described participation. It tied its conclusion to the absence of political controversy, fundraising use of the judge’s name, impaired impartiality, or interference with judicial work.

Currency note

This opinion was issued in 2006. Verify the current Nebraska Revised Code of Judicial Conduct and later opinions before relying on its conclusion.

Common questions

Q: Could the judge score the described contests?

A: Yes, individually or on a panel.

Q: Could the event use the judge’s name in a fundraiser?

A: The opinion allowed biographical listing only if the publication was not linked to fundraising.

Background and rules framework

The opinion applied former Canon 4C(3) on civic activities and fundraising.

Citations and references

Former Nebraska Code of Judicial Conduct: Canon 4C(3) and (3)(b). Prior opinions: Nebraska Judicial Ethics Opinions 97-1, 97-3, 97-4, and 00-1.

See also

• NE Judicial Ethics Op. 08-4: Board dinner

Source

• Landing page: Nebraska Judicial Ethics Committee opinions
• Original PDF: Opinion 06-6

Original opinion text

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

Nebraska Judicial Ethics Opinion 06-6
Questions Presented--
Can a judge serve individually or on a panel with other persons as a judge who selects winners in speech contests, pageants, talent shows or other similar events sponsored by various non-profit groups or service clubs?

Conclusion
The Nebraska Code of Judicial Conduct does not bar judges from participating, individually or on a panel with other persons, as a judge in contests or competitions such as speech contests, scholarship selections, pageants, talent shows, or other similar events.

Statement of Facts
A county judge has been asked to serve as a “judge” on various events sponsored by nonprofit groups or service clubs, including speech contests, scholarship selections, pageants, and talent shows.

Applicable Code Sections
Neb. Code of Jud. Cond., Canons 4C(3) and 4C(3)(b)

References in Addition to Nebraska Code of Judicial Conduct
Nebraska Judicial Ethics Opinion 97-1
Nebraska Judicial Ethics Opinion 97-3
Nebraska Judicial Ethics Opinion 97-4
Nebraska Judicial Ethics Opinion 00-1

Discussion
The Nebraska Code of Judicial Conduct, specifically Canon 4, addresses various extrajudicial activities of judges. Judges are to conduct themselves in their involvement in extrajudicial activities in such a manner as to minimize the risk of conflict with judicial obligations. For example, a judge should not actively be involved in fundraising for any charitable organization or lend his name to any fundraising event. On the other hand, the Code permits judges to participate in the activities of charitable and social groups and, in fact, encourages judges to do so subject to the caveats in Canon

4. Prohibition of participation in such organizations or acting at their behest occurs when the activity
   may adversely affect the judge’s impartiality. A judge should not belong to an organization or participate in its activities if the judge believes that his or her personal involvement might be seen as impairing the judge’s capacity to decide, impartially, any issue which may come before the judge or if the affiliation may reasonably be seen as an indirect advocacy for such organization or activity. Further, the listing of the judge’s name in the biographical section of the program or news release would not be objectionable so long as there is no fundraising associated with the publication.
   The question, as submitted, does not suggest that the proposed activity would reflect
   adversely on the judge’s impartiality or detract from the dignity of the judicial office. The activities described do not indicate any controversy would be involved nor is there any indication that such activities are political in nature. The described activity does not suggest that the prestige of the

Nebraska Judicial Ethics Opinion
06-6
Released: July 27, 2006
Page 1 of 2
Available on-line at www.nebraskacourt.com/ethics/2006.htm

judicial office would promote the private interests of others nor is there any indication that the activity or involvement interferes with the proper performance of judicial duties.
The Code and commentary, together with various opinions rendered by this jurisdiction and others, do not prohibit a judge from serving in the capacities described in this inquiry.

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 Judicial Ethics Committee.

APPROVED AND ADOPTED
BY THE COMMITTEE ON JULY 27, 2006

Judge John F. Irwin
Judge Stephen R. Illingworth
Judge John F. Steinheider
Judge Carlton E. Clark
Judge John A. Colborn
Judge Robert B. Ensz
Judge Lawrence D. Gendler

Nebraska Judicial Ethics Opinion
06-6
Released: July 27, 2006
Page 2 of 2
Available on-line at www.nebraskacourt.com/ethics/2006.htm