Ezel / Ethics Opinions / JUDICIAL-NH

May a seriously ill per diem judge accept donations from lawyers who may appear before him?

Short answer The Committee allowed donations from lawyers and others who might appear before the judge if the donors remained anonymous, regardless of the fund’s organizational form.
Bar
JUDICIAL-NH
Issued
March 1, 2012
Source
View Original PDF

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This page answers the general question as of 2012. 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 2012
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.
Disclaimer: Advisory only. Not binding precedent.
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 per diem circuit court judge was critically ill, could not work and lacked benefits. Lawyers wanted to contribute to a fund for his family.

Applying the gift rule, the Committee concluded that anonymous donations would not appear to undermine the judge’s fairness or impartiality in these circumstances. The judge and family would not know who had given.

The Committee said the vehicle for the donations, including a possible charitable organization, did not change the answer so long as donors remained anonymous. It assumed the judge’s status was full time for its Rule 3.13 analysis.

Common questions

Q: May lawyers who could appear before the judge contribute?

A: Yes, under the opinion, if their identities remain unknown to the judge and family.

Q: Must the fund be a tax exempt organization?

A: No. The Committee said the donation vehicle did not affect the answer while donors remained anonymous.

Background and rules framework

The opinion applied New Hampshire Code of Judicial Conduct Rule 3.13(A) on gifts, assuming full time status for the judge. It identified Rules 1.2, 1.3, 2.4 and 2.11 as provisions that could govern a part time judge.

Citations and references

New Hampshire Code of Judicial Conduct: Rules 3.13, 3.13(A), 1.2, 1.3, 2.4, and 2.11.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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