May a judge take part in a paid 'Dunk a Judge' booth at a cancer-research fundraiser?

Plain-English summary

Court employees planned to take part in a two-day relay event raising money for cancer research. The judge asked about a booth where participants would pay the charity for a chance to dunk a participating judge with water. Source: Opinion 04-04, p. 1

The committee applied the Code's ban on using judicial prestige to advance others' interests and its specific limit on using the office for charitable fundraising. It said the judge's identity was the booth's draw: promoting the judge's presence could increase contributions, and some participants might seek favor with the judge. It therefore concluded that the Code did not permit the proposed activity. Source: Opinion 04-04, pp. 1–2

In practice

The conclusion concerned the described paid activity, which used the judge's public role as the reason to participate. The committee did not address the court employees' participation in the relay generally. Source: Opinion 04-04, pp. 1–2

Common questions

Q: Did the event's charitable purpose make the dunking booth permissible?

A: No. The committee concluded that the Code barred the judge's participation because the booth relied on judicial prestige to raise money. Source: Opinion 04-04, pp. 1–2

Q: Why did the committee see a concern beyond attracting donations?

A: It said attendees might pay to participate in order to curry favor with a judge. Source: Opinion 04-04, p. 1

Background and rules framework

The committee discussed then-current New Mexico Code of Judicial Conduct provisions against using judicial prestige for others' interests and Rule 21-500(C)(3)(b)'s subpart (iv) ban on using judicial office for fundraising. The PDF prints the first provision as “Rule 21-200(8).” Source: Opinion 04-04, p. 1

Citations and references

• New Mexico Code of Judicial Conduct Rules 21-200 (printed as “21-200(8)”), 21-500(C), and 21-500(C)(3)(b), subpart (iv). Source: Opinion 04-04, p. 1

See also

• NM Judicial Op. 05-02: Library Bond Endorsement
• NM Judicial Op. 07-08: Nonprofit Fundraising Letterhead

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 04-04

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. James J. Wechsler, Chair
Hon. Marie A. Baca
Paul L. Biderman, Esq.
Thaddeus Bejnar, Esq.

July 26, 2004

Re: Advisory Opinion No. 04-04

Dear Judge

You have asked the Advisory Committee on the Code of Judicial Conduct for an opinion concerning the propriety of your participating in certain charitable fund-raising activities. Specifically, you have advised the committee that employees of your court are interested in participating in a two-day relay event which raises funds for cancer research. You have inquired whether you can participate in a "Dunk a Judge" activity involving a "dunking" booth. It is our understanding that participants will pay something of value to the charitable organization to try to "dunk" the participating judge with water.

Two provisions of the Code of Judicial Conduct are directly relevant to your request. Rule 21-200(8) NMRA prohibits a judge from lending the prestige of judicial service to advance the private interest of others. Rule 21-500 (C) NMRA specifically addresses a judge's participation in charitable activities. Rule 21-500 (C)(3)(b) provides:

A judge. . . as an officer, director, trustee or non-legal advisor, or as a member or otherwise:

(iv) shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation.

The proposed activity, by its nature, uses the prestige of judicial service to attract participants who will make contributions to try to "dunk" a judge. Promotion of the fundraising event using judge's names or stating the involvement of judges directly involves the judges in the fundraising. Some persons may attend only because of a particular judge or judges' presence. Attendees may participate in the activity in order to curry favor with the judge. As a result, the "Dunk a Judge" activity is based on the prestige of the judge in order to attract participants.

We conclude that the Code of Judicial Conduct does not permit you to engage in a "Dunk a Judge" dunking booth for charitable purposes.

Very truly yours,

James J. Wechsler

JJW:ow

cc: Hon. Marie A. Baca
Paul Biderman, Esq.
Thaddeus Bejnar, Esq.