May a judge host a courthouse holiday event with gifts for children and give children gifts in court?

Plain-English summary

A judge proposed a public courthouse event with tours, a Santa character, and personally funded gifts for children, and separately asked about gifts for children who came to court. The judge said the activities would not occur in an election year. [Source: Opinion 19-04, p. 1]

The committee said calling it “Christmas at the Courthouse” would express bias in administrative duties. It allowed the proposed event if described as a holiday event, invitations did not favor a group, and its assumptions about private funding, no alcohol, and public education held. It saw no objection to including Santa. [Source: Opinion 19-04, pp. 1–2]

The committee also saw no problem with the judge giving children gifts at court on the stated facts, provided distribution was nondiscriminatory. [Source: Opinion 19-04, p. 3]

In practice

The opinion distinguishes a religiously named courthouse event from the permitted holiday outreach event. It conditions both invitations and children’s gifts on nondiscriminatory treatment. [Source: Opinion 19-04, pp. 2–3]

Common questions

Q: Could the judge call it “Christmas at the Courthouse”?

A: The committee said that name would express bias in administrative duties and directed use of a holiday description. [Source: Opinion 19-04, p. 2]

Q: Could the judge give gifts to children who visit court?

A: The committee saw no problem with the described gifts if distribution was nondiscriminatory. [Source: Opinion 19-04, p. 3]

Background and rules framework

The opinion discusses New Mexico Code of Judicial Conduct Rules 21-102, 21-101, and 21-203 in relation to public outreach and bias. [Source: Opinion 19-04, pp. 1–2]

Citations and references

New Mexico Code of Judicial Conduct:

• Rules 21-102, 21-101, 21-203. Source: Opinion 19-04.

See also

• NM Judicial Ethics Op. 22-03: Gift Cards for Guardians

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Advisory Opinion 19-04

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.

SANTA FE, NEW MEXIGO

Advisory Committee on the Code of Judicial Conduct

Hon, James J. Wechsler, Co-Chari (ret.) This is an advisory opinion by the New Mexico Advisory Hon, Julie J, Vargas Co-Chair Committee on the Code of Judicial Conduct, Advisory Paul L. Biderman, Esq. opinions are responses to inquiries from judges seeking Prof. Robert L. Schwartz guidance on judicial ethics questions. They are not issued, Hon. Freddie Romero approved, or endorsed by the New Mexico Supreme Court; Hon. Sandra Engel nor are they binding.

December 3 2019

RE: AO 19-04

Deer ude:

You are concerned about the negative stigma attached to the court in your

community. You would like to have a “Christmas at the Courthouse” event for which you would invite the public to learn how the court operates and see parts of the courthouse. Using your own resources, you plan to purchase and wrap gifts for the children who attend, You would like to have a local personality portray Santa to give the gifts to the children. You have asked the Advisory Committee on the Code of Judicial Conduct whether you may host this event. You have also asked whether, as a separate activity, you may purchase gifts that you hide in your courtroom for children who may come to the court for weddings or to accompany adults appearing in court as attorneys, law enforcement officials, or parties. You have advised the Committee that you do not intend to engage in any of these activities in an election

year.

A judge may initiate and participate in community outreach activities for the

purpose of promoting public understanding of and confidence in the administration “of justice.” Rule 21-102 NMRA, cmnt 6. In doing so, “the judge must act in a manner consistent with” the Code of Judicial Conduct. Jd Under Rule 21-101 NMRA, a judge “shall respect and comply with the law, including the Code of

Judicial Conduct.”

The Code of Judicial Conduct provides that a “judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.” Rule 21-203 NMRA. Recognizing that Christmas is a religious holiday that is not observed by all people, the Committee believes that your use of the courthouse for a “Christmas at the Courthouse” event would be an expression of bias in the

performance of your administrative duties.

The event that you propose, however, is contemplated by Rule 21-102, comment 6. The Committee believes that you may hold the event as you have described it with the following qualifications. First, you must consider the event a “holiday” rather than a “Christmas” event and use the term “holiday” in the description of the event and all relevant aspects of it. The Committee does not believe that is problematic to include a Santa because of the secular nature of the character of Santa in our society. Second, you may not discriminate in any manner

or favor any select group in distributing invitations to the event.

The Committee observes that you have indicated that you will pay for the costs of the event. We therefore assume that there is no conflict with any statutory requirement or restriction related to your legislative funding. We further assume that there will not be any alcoholic beverages served. Based on the language of Rule 21- 102, comment 6, we lastly assume, as you have described, that you will engage in community outreach during the event that promotes a “public understanding of and

confidence in” the court.
With regard to your second question concerning gifts to children that you personally provide to children who attend court, the Committee does not perceive a problem as you have described your intent provided that you do not distribute the gifts in any discriminatory manner. You have advised that you may say that Santa

left the gifts for the children. As discussed, the Committee does not perceive a

problem in that regard.

aad it ‘Wechsler

Co-chair

Judge Julie J. Vargas did not participate in this opinion.