May a clerk magistrate accept donations from a community fundraiser for her medical bills?

Plain-English summary

A clerk magistrate faced large medical bills, and community members proposed a fundraiser for her benefit.

The Committee concluded that a fundraiser involving or mentioning her was impermissible under the prohibition on judicial fundraising. It noted that a spouse, family member, or others might receive support by another method, subject to the Code’s rules on gifts and appearances of impaired impartiality. The Committee did not endorse a particular alternative.

Currency note

This opinion was issued in 2012. Verify the current Nebraska Revised Code of Judicial Conduct and later opinions before relying on its conclusion.

Common questions

Q: Could a fundraiser feature the clerk magistrate?

A: No; the Committee prohibited her participation or mention in the fundraiser.

Q: Could family members receive support another way?

A: The opinion said the Code did not prevent that possibility if safeguards avoided impropriety.

Background and rules framework

The opinion applied the Code’s fundraising and gift provisions to clerk magistrates.

Citations and references

Nebraska Revised Code of Judicial Conduct: Application I(A), Canon 3, §§ 5-303.7 and 5-303.13. Other authority: Kansas Judicial Ethics Advisory Opinion JE 166 (2008).

See also

• NE Judicial Ethics Op. 12-2: Garden walk

Source

• Landing page: Nebraska Judicial Ethics Committee opinions
• Original PDF: Opinion 12-4

Original opinion text

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

Nebraska Judicial Ethics Committee Opinion 12-4 Question Presented--
May a clerk magistrate accept donations from a community fundraiser to help defray her extensive medical bills because of illness?

Conclusion
No. Clerk magistrates, like judges, are prohibited from soliciting funds at a fundraising event regardless of purpose. However, nothing in the Nebraska Revised Code of Judicial Conduct prevents the clerk magistrate's spouse, family members, or others from accepting money by another method that may be used to defray these medical expenses if certain safeguards are in place that avoids the appearance of any impropriety.

Statement of Facts
A clerk magistrate is ill and has incurred extensive medical expenses. Her community wants to hold a fundraiser to help defray these expenses. However, because of her position as a clerk magistrate, there are concerns that any type of fundraising effort is a violation of the Nebraska Revised Code of Judicial Conduct.

Applicable Code Sections
Neb. Rev. Code of Judicial Conduct, Application I (A), Canon 3 (§ 5-303.0), § 5-303.7, and
§ 5-303.13

References in Addition to Nebraska Revised Code of Judicial Conduct Kansas Judicial Ethics Advisory Opinion JE 166 (Oct. 14, 2008)

Discussion
Clerk magistrates are bound by the Nebraska Revised Code of Judicial Conduct. See Application I(A). The prior Code and the revised Code have clearly stated that judges and clerk magistrates cannot solicit funds as part of any fundraising activity, "but if the event serves a fund- raising purpose, the judge may participate only if the fund-raising is incidental or the event concerns the law, the legal system, or the administration of justice; provided participation does not reflect adversely on the judge's independence, integrity, or impartiality." See Section § 5-303.7(A)(4). See, also, Canon 3 (§ 5-303.0).
There are, unfortunately for this issue, no exceptions to this requirement. However, the Code does not apply to everyone and it may not prohibit a different option available to assist the clerk magistrate and her family. A similar issue arose in Kansas. There, a judge's wife gave birth to a child who died 1 month later. The night before the child's funeral, the judge’s wife suffered a heart attack resulting in open-heart surgery and the necessity of placing her on a heart transplant list. These medical issues required her to reside in a major metropolitan area for up to a year, and her medication expenses were $5,400 per month. In addition, to be on the transplant list, she had to demonstrate adequate financial means to address the oncoming expenses. A fund was established at a local bank for the benefit of the judge's wife. The ethics advisory committee concluded that a judge could not be involved with such an effort. However, the opinion stated, "It would not be improper for court personnel, lawyers who are not judges, or any other community

Nebraska Judicial Ethics Committee Opinion 12-4 Available on-line at www.supremecourt.ne.gov Page 1 of 2

members to join together to solicit support for the medical benefit of the judge's spouse." See Kansas Judicial Ethics Advisory Opinion JE 166 (Oct. 14, 2008).
The aforementioned Kansas opinion also discussed the concern that lawyers who may appear before the judge would be contributing to the fund. The committee concluded that these donations were permissible as long as the judge reported such contributions "in the same manner as a judge reports a gift." Nebraska’s current Code directs a judge not to accept "any gifts, loans, bequests, benefits, or other things of value, if acceptance is prohibited by law or would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality . . . . [A] judge may accept the following items, and must report such acceptance to the extent required by Rule 3.15 . . . . gifts, loans, bequests, benefits, or other things of value from any source other than a member of the judge's family." § 5-303.13. In these circumstances, the clerk magistrate would have to decide if accepting such funds "would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.” See id.
This Committee is limited in its ability to respond due to the specific nature of the question presented and is not advocating a particular solution. There may be other options available that do not place the clerk magistrate in an ethical dilemma. However, based upon the question presented, a fundraiser which includes the participation or mention of the clerk magistrate is impermissible.

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 Revised 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 MAY 22, 2012.

Judge Lawrence D. Gendler
Judge J Russell Derr
Judge Linda S. Caster Senff
Judge Max J. Kelch
Judge Edward D. Steenburg
Judge Vicky L. Johnson

Nebraska Judicial Ethics Committee Opinion 12-4 Available on-line at www.supremecourt.ne.gov Page 2 of 2