May a judge speak at a state board anniversary dinner and accept the complimentary meal?
Apply this to your situation
This page answers the general question as of 2008. 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 state board invited a judge to speak at an anniversary program about successful pretrial conferences. Dinner was complimentary, and no fundraising was identified.
The Committee allowed the judge to attend and speak. It treated the event as connected to justice administration and the meal as permissible hospitality under the former Code.
Currency note
This opinion was issued in 2008. Verify the current Nebraska Revised Code of Judicial Conduct and later opinions before relying on its conclusion.
Common questions
Q: Could the judge speak at the dinner?
A: Yes, on the described nonfundraising facts.
Q: Did the free meal prevent attendance?
A: No; the Committee found it permissible under the former Code’s exceptions.
Background and rules framework
The opinion applied the former Nebraska Code of Judicial Conduct provisions on extrajudicial speaking and gifts.
Citations and references
Former Nebraska Code of Judicial Conduct: § 5-204(B) and (D)(5)(a), (c). Prior opinion: Nebraska Judicial Ethics Opinion 07-1.
See also
Source
- Landing page: Nebraska Judicial Ethics Committee opinions
- Original PDF: Opinion 08-4
Original opinion text
Best-effort text extraction from the official PDF. The linked PDF is authoritative.
Nebraska Judicial Ethics Opinion 08-4
Question Presented --
May a judge attend a dinner and speak during a program celebrating a State board’s service to the citizens of Nebraska?
Conclusion
The judge may attend the dinner and participate in the program as a speaker.
Statement of Facts
The judge has been invited to attend and be a speaker at an anniversary celebration of a State board. The celebration includes dinner and a program. The program will include a history of the board. The judge will be honored during the program and has been asked to speak regarding the success of pretrial conferences in the judge’s jurisdiction. The 300+ volunteers of the board have been invited to be honored for their work, and the program will be video recorded for board members unable to attend. It appears that dinner is complimentary for all attendees, and the invitation states that mileage will be provided. There is no indication that any fund-raising activity is associated with the event.
Applicable Code Sections
Neb. Code of Jud. Cond. §§ 5-204(B) and (D)(5)(a) & (c)
References in Addition to Nebraska Code of Judicial Conduct
Nebraska Judicial Ethics Opinion 07-1
Washington Advisory Opinion #91-27
Jeffrey M. Shaman et al., Judicial Conduct and Ethics (3d ed. 2000)
Discussion
Canon 4(B) allows a judge to speak, lecture, and participate in extrajudicial activities concerning the law, the legal system, the administration of justice, and nonlegal subjects. Canon 4(D)(5)(a) provides that a judge shall not accept a gift or favor except that a judge may accept an invitation to attend an activity devoted to the improvement of the law, the legal system, or the administration of justice. A judge may also accept ordinary social hospitality. Canon 4(D)(5)(c).
The primary purpose of the event is to celebrate the board’s 25 years of service to the citizens of Nebraska. It is clear that a judge may speak at a dinner. To the extent that the dinner may be considered a gift because it is supplied at no cost to the judge, the acceptance of such a gift appears to be permitted under Canon 4(D)(5) because the function of the program pertains to the administration of justice and the dinner could be characterized as ordinary social hospitality.
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.
Nebraska Judicial Ethics Opinion
08-4
Available on-line at www.supremecourt.ne.gov Page 1 of 2
APPROVED AND ADOPTED
BY THE COMMITTEE ON SEPTEMBER 18, 2008
Judge John F. Steinheider
Judge Carlton E. Clark
Judge John A. Colborn
Judge Robert B. Ensz
Judge Lawrence D. Gendler
Judge William B. Cassel
Judge Sandra L. Dougherty
Nebraska Judicial Ethics Opinion
08-4
Available on-line at www.supremecourt.ne.gov Page 2 of 2
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