May a probate judge make a paid public television law program that might air during the station's pledge drives?

Plain-English summary

Before becoming a probate judge, the inquirer had prepared a statewide television program explaining wills, trusts, probate, and health law to lay viewers. The station sought revised and new material, would identify the presenter as a judge, and would pay a fee and videotape royalties. The judge worried that the program, a possible viewer-question segment, or related materials might be used during pledge drives. Source: Opinion 03-02, pp. 1–2

The committee said Rule 21-500(B) allowed judges to speak, write, and teach about law. It also considered restrictions on exploiting judicial position and personally taking part in fundraising. It distinguished airing a judge's name during a pledge event from the judge's direct solicitation of funds. Source: Opinion 03-02, pp. 2–3

The committee concluded that the business relationship with the station was permissible for this probate judge so long as the judge did not personally participate in fundraising and the outside work did not interfere with judicial duties. It did not evaluate a specific payment amount. Source: Opinion 03-02, p. 3

In practice

The opinion draws its line at the judge's own fundraising activity. The station's use of the program during a pledge drive did not alone bar the described work, but the judge's personal solicitation would fall outside the permission. Source: Opinion 03-02, p. 3

Common questions

Q: Did the station's choice to air the program during a pledge drive prohibit it?

A: No. The committee said airing the judge's name during fundraising was not itself a Code violation if the judge did not personally solicit funds. Source: Opinion 03-02, p. 3

Q: Could the judge personally ask viewers for donations?

A: The committee's permission expressly excluded personal fundraising and direct individual solicitation. Source: Opinion 03-02, p. 3

Q: Did the opinion approve a particular fee or royalty amount?

A: No amount was analyzed. The committee approved the described station relationship subject to its stated fundraising and judicial-duty conditions. Source: Opinion 03-02, pp. 1–3

Background and rules framework

The committee applied the then-current New Mexico Code of Judicial Conduct provisions it cited for probate judges, including Rules 21-500(B), 21-901(C), 21-200(B), 21-500(D)(1)(a), and 21-500(C)(3)(b)(iv). Its analysis distinguished personal fundraising from the broadcast of a judge's name at a station fundraiser. Source: Opinion 03-02, pp. 2–3

Citations and references

• New Mexico Code of Judicial Conduct Rules 21-500(B), 21-901(C), 21-200(B), 21-500(D)(1)(a), and 21-500(C)(3)(b)(iv). Source: Opinion 03-02, p. 2

See also

• NM Judicial Op. 05-05: Paid Evidence Course
• NM Judicial Op. 07-11: Judge as Radio Host

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 03-02

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. Frank H. Allen, Jr., Chairman
Hon. James J. Wechsler

October 8, 2003

The Honorable

Re: Judicial Advisory Opinion 03-02

Dear Judge

As an attorney you prepared a program which aired statewide on KNME- TV Channel 5
prior to your becoming a probate judge. The program concerned wills, trusts, probate and health
laws and were meant to be a community service, geared at informing a lay audience about
important legal topics. You have been requested by KNME to revise the program and prepare new
material. During the intro of the show you will be called "Judge ____” .Also you will be paid a fee
for writing and presenting the program with royalties on the sales of videotape of the show.

Your main concern is that you have no control as to when these programs are aired. For instances
they could be aired during pledge drives to raise funds for KNME. The show could be aired
nationally by PBS affiliates out of state during pledge drives. Also there could be a follow-up show
that you would host with local attorneys answering

questions from viewers that would be aired during a pledge drive.
It is also contemplated that KNME would offer copies of your book ____ and/or videotapes

of the show during pledge drives and other fund-

raising activities.

Your question to this committee is whether this relationship between a probate judge and

KNME would violate the Code of Judicial Conduct. Clearly a judge may speak, write, lecture,

teach and participate in other extra-judicial activities concerning the law, the legal system and the

administration of justice, Rule 21-500(B).

Although the Code does not require a probate judge to comply with some parts of the Code

(Rule 21-901(C) NMRA 2003), it does require that a probate judge comply as follows:

1. A judge shall respect and comply with the law
and shall act at all times in a manner that promotes public
confidence in the integrity and impartiality of the judiciary.

Rule 21-200(B) NMRA 2003.

2. A judge shall not engage in financial and business
dealings that (a) may reasonably be perceived to exploit the
judge's judicial position. Rule 21-500(D)(1)(a) NMRA 2003.

3. A judge as a member or otherwise shall not personally
participate in the solicitation of funds or other fund-raising
activities. Rule 21-500(C)(3)(b)(iv) NMRA 2003.

The commentary to these rules is helpful in answering your question. "The test

for appearance of impropriety is whether the conduct would create in reasonable minds a

perception that the judge's ability to carry out judicial responsibilities with integrity , impartiality

and competence is impaired". (Commentary Rule 21-200, Paragraph B) The prohibition to a judge participating in fund-raising activities requires that the judge

"personally" participate. A judge must not engage in direct individual solicitation of funds. Since

the Code allows ajudge's name and judicial designation to appear on organization letterhead for

fund-raising solicitation (Commentary Paragraph C (3)(b) Rule 21-500), it would not be a

violation of the Code for the judge's name to be aired during a fund-raising event if the judge did

not personally participate or engage in direct individual solicitation.

It is the committee's opinion that the business relationship between you and KNME is

permissible for a probate judge to participate in as long as you do not personally participate in any

fund-raising activities and that this extra-judicial activity does not interfere with the proper

performance of your judicial duties.

Very truly yours,

Frank J. Allen, Jr.
Chairperson
Judicial Advisory Committee