May Wyoming Supreme Court justices or court staff solicit private donations for a judicial learning center?

Plain-English summary

The Legislature appropriated roughly $280,000 for a Judicial Learning Center, contingent on matching nonappropriated funds. The committee considered whether the court's Administrative Office could seek and receive private donations, whether a third party could do so, and whether justices could meet potential donors and make presentations without soliciting money.

The committee concluded that neither justices nor the Administrative Office should solicit or receive private donations. It read Rule 3.7 alongside Rule 3.1 and its warning that even otherwise permitted solicitation can appear coercive. Potential donors, including people who might litigate before the court, could reasonably perceive an arm of the judiciary's fundraising as pressure.

A third party entity could accept private donations on behalf of the Administrative Office because the committee saw no comparable reasonable perception of coercion from direct third party involvement. Justices also could explain the center in meetings with potential donors and give presentations about it, provided they did not solicit money.

In practice

The opinion separates direct court fundraising from third party collection and non-soliciting education about the project. It answers all three questions for the proposed matching-fund campaign for the Judicial Learning Center.

Common questions

Q: May the Administrative Office request and receive private donations?

A: No. The committee says neither it nor the justices should solicit or receive donations for the center.

Q: May a third party collect private donations for the center?

A: Yes. The committee says a third party may accept the donations on the Administrative Office's behalf.

Q: May a justice meet potential donors or give a presentation?

A: Yes, if the justice explains the center without directly soliciting money.

Background and rules framework

The opinion reads Wyoming Code of Judicial Conduct Rule 1.2 on public confidence, Rule 3.1 and its Comment [4] on extrajudicial activity and perceived coercion, and Rule 3.7(A) on participation in educational and law-related organizations. It distinguishes the Code's broad permission for some organizational work from the coercion concern in this court fundraising plan.

Citations and references

Wyoming Code of Judicial Conduct:

• Canons 1 and 3, judicial independence and extrajudicial activity.
• Rule 1.2, public confidence and appearance of impropriety.
• Rule 3.1 and Comment [4], extrajudicial conduct and perceived coercion.
• Rule 3.7(A), participation in educational and law-related organizations.

See also

• WY Judicial Ethics Op. 2014-04: Learning center grants

Source

• Landing page: Judicial Ethics Advisory Committee opinions
• Original PDF: Advisory Opinion 2014-03