Ezel / Ethics Opinions / JUDICIAL-NH

May a judge pledge money to a legal services fundraiser that may use her name to encourage donations?

Short answer The Committee allowed the judge to make a charitable pledge but prohibited use of her identity and judicial position to encourage others to give to the campaign.
Bar
JUDICIAL-NH
Issued
2015
Source
View Original PDF

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This page answers the general question as of 2015. 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 2015
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 Not binding precedent.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.
View original ethics opinion (PDF)

Plain-English summary

A New Hampshire Supreme Court justice, previously honored by the state Women’s Bar Association, was invited to pledge money to a legal services fundraising challenge. The pledges would match donations at a public event.

The Committee said a pledge or donation alone did not misuse judicial prestige. It worried that public use of the judge’s participation could amount to solicitation from bar members or judges under her appellate authority, even without her direct involvement.

The opinion allowed the contribution but barred the judge from allowing her identity and office to be used to encourage other pledges or donations.

Common questions

Q: Could the judge make the pledge?

A: Yes. The Committee said a charitable contribution by itself was permitted.

Q: Could the campaign identify the judge to attract other donors?

A: No. The Committee said her identity and position could not be used to encourage other donations.

Background and rules framework

The opinion applied New Hampshire Code of Judicial Conduct Rules 1.3 and 3.7(A)(2) to a judge’s donation and the fundraising campaign’s proposed use of the judge’s participation.

Citations and references

New Hampshire Code of Judicial Conduct: Rules 1.3 and 3.7(A)(2).

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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