May a judge's photo and biography appear on a charity board's website that also accepts donations?

Plain-English summary

A judge serving on a nonprofit board asked whether the organization's website could show the judge's photo and short biography. The website also described the charity's work for homeless youth and included a donation link. [Source: Opinion 13-03, p. 1]

The committee explained that Rules 21-301 and 21-307 permit appropriate outside and charitable activity, including limited assistance with fundraising, but Rule 21-103 bars misuse of judicial office's prestige. It distinguished incidental board-member information from the judge personally soliciting funds. [Source: Opinion 13-03, pp. 1–2]

On the described website, the committee found no conflict with the Code because the photo and biography were incidental to the organization's solicitation. It advised that the site design must not make the judge appear to solicit funds personally. It also distinguished Rule 21-307 comment 4's treatment of the judge's name on a fundraising letter from this website arrangement. [Source: Opinion 13-03, p. 2]

In practice

The opinion turns on how the judge's information appears in relation to the charity's donation link. It allows the incidental board biography described by the requester while preserving the rule against personal solicitation. [Source: Opinion 13-03, pp. 1–2]

Common questions

Q: Does a donation link elsewhere on the charity's website bar the judge's biography?

A: No. The committee found the judge's photo and biography incidental to the site's fundraising in the described arrangement. [Source: Opinion 13-03, p. 2]

Q: Could the site present the judge as personally asking visitors to donate?

A: The committee advised that the design must not create that appearance. It treated personal fundraising by the judge as outside the permitted arrangement. [Source: Opinion 13-03, p. 2]

Q: Did the committee apply the comment about judges' names on fundraising letters directly to this website?

A: No. It said the Code itself governed the incidental website biography, which it distinguished from a fundraising letter. [Source: Opinion 13-03, p. 2]

Background and rules framework

The committee discussed New Mexico Code of Judicial Conduct Rules 21-301, 21-307(A)(1)–(3), and 21-103, along with Rule 21-307 comment 4. Its answer depended on the photo and biography being incidental rather than a personal solicitation. [Source: Opinion 13-03, pp. 1–2]

Citations and references

New Mexico Code of Judicial Conduct:

• Rules 21-301, 21-307(A)(1)–(3), and 21-103; Rule 21-307 comment 4. Source: Opinion 13-03.

See also

• NM Judicial Ethics Op. 14-06: Volunteer Service
• NM Judicial Ethics Op. 13-02: Electric Cooperative Trustee

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 13-03

Original opinion text

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

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. James J. Wechsler, Chair

XMIK MAGNE RAC | JUL- 19 2013

Hon. Kevin L. Fitzwater

Paul L. Biderman, Esq. .

Prof. Robert L. Schwartz SUPREM E COURT

Hon. Freddie Romero LAW LIBRARY
June 27, 2013

Re: Judicial Advisory Opinion No. 13-03

You are a member of the board of directors of a non-profit organization that provides safe housing alternatives for homeless youth. The organization has a website that includes information about the mission of the organization, statistics, and other data. It has photos and short biographies of the board members. It additionally has a PayPal link so that people viewing the website can make a donation. You have requested an opinion of the Advisory Committee on the Code of Judicial Conduct as to whether the Code of Judicial Conduct permits you to add your biography and photo to the website. Specifically, you have inquired whether Rule 21-307 NMRA precludes your taking such action.

A judge may engage in extrajudicial activities that are not prohibited by law or the Code. Rule 21-301 NMRA. In fact, judges are encouraged to become involved in “appropriate” extrajudicial activities “[t]o the extent that time permits, and judicial independence and impartiality are not compromised.” Rule 21-301, comment 1.

Rule 21-307 addresses a judge’s participation with educational, religious, charitable, fraternal, and civic organizations. It permits a judge to assist a charitable organization such as the organization for which you are a board member in fundraising activities in limited ways. A judge may assist the organization in planning fundraising activities and may even speak or receive an award at, or permit the judge’s title to be used in connection with a fundraising event for the organization provided that the judge does not “personally or expressly solicit financial support” either during such an event or from persons other than the judge’s family or “from judges over whom the judge does not exercise supervisory or appellate authority.” Rule 21-307(A)(1)-(3). A judge's solicitation of funds for a charitable organization would violate Rule 21-103 NMRA, which prohibits

a judge from abusing “the prestige of judicial office to advance the personal or economic interests _ of the judge or others.”

From these provisions of Rule 21-307 concerning a judge’s involvement in a charitable organization’s fundraising activity, the Committee does not believe that your photo and biography on the organization’s website conflicts with the Code. Websites provide a common method for charitable organizations to promote their activities and to solicit funds. The inclusion of your photo and biography on the website is similar to, and even more indirect than, a judge’s participation at a fundraising event that is permitted under Rule 21-307(A)(3). In this context, we understand that the inclusion of your photo and biographical information is incidental to, not directly related to, the solicitation of funds. As a result, we believe that the Code itself, rather than comment 4 to Rule 21- 307 that states that “[a] judge’s title or name shall not appear on a letter that solicits funds or membership,” governs the response to your inquiry. We advise you to ensure that the website design does not make it appear that you are personally soliciting funds for the organization.

Very truly yours,

James J. Wechsler ;
Chair

JIW:alm

cc: Hon. Kevin L. Fitzwater
Hon. Freddie J. Romero
Paul L. Biderman
Professor Robert L. Schwartz