What civic and charitable activities may a judge join, and how far can a judge go in lending a name, title, or presence to an organization without crossing into soliciting funds?

Plain-English summary

This opinion replaced J-1, which the Standing Committee on Judicial Ethics repealed and withdrew on January 31, 2014, with the Board of Commissioners approving the repeal and the adoption of J-8 as a formal opinion on March 5, 2014. Like J-1, it addresses the civic and charitable activities a judge may undertake, framed around the same set of scenarios (serving as a trustee or director and being listed on letterhead, signing solicitation or membership letters, hosting a progressive dinner, taking part in a walk-a-thon, appearing on a broadcast or telethon, and being honored at a testimonial dinner).

The opinion set the governing criteria: the activity may not detract from the dignity of the office (MCJC 4B), interfere with judicial duties (MCJC 4C), reflect adversely on the judge's impartiality (MCJC 4C), or create an appearance of impropriety (MCJC 2A). A judge may serve and be listed as an officer, director, trustee, or nonlegal advisor of a bona fide organization, unless it is likely to appear before the judge or be regularly engaged in adversary proceedings (MCJC 4C). A judge may not individually solicit funds, or use or permit the use of the office's prestige to do so (MCJC 4D), but may serve on an honorary committee, join a general appeal, and allow the judge's name or title to be used in advertising the judge's involvement in an event, so long as the judge does not individually solicit funds.

Applying those rules, the opinion concluded a judge may be identified by name and office on letterhead and in general-appeal mailings, may solicit membership (but not in the same letter that solicits funds, and not where it would coerce participation), and may participate and be listed as a participant in events like a walk-a-thon without personally soliciting contributions or sponsorships. It concluded a judge may not personally solicit funds, may not host a progressive dinner where the judge selects and invites guests and the proceeds support the organization (treating that as tantamount to individual solicitation), and may not personally ask others to contribute through speeches, broadcasts, or a telethon. A judge may attend and be honored at a testimonial dinner whose proceeds go to a charitable or civic purpose, and may allow the judge's name or title to be used in advertising that involvement, as long as the judge does not individually solicit funds.

Currency note

This opinion was issued in 2014 and interprets the Michigan Code of Judicial Conduct as it then stood (MCJC 2A, 4B, 4C, 4D); it replaced the withdrawn J-1. The Code of Judicial Conduct may have been further amended since. Treat this page as historical reference, and verify against the current Code of Judicial Conduct before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a judge serve as a director or trustee of a charity and be named on its letterhead?

A: Yes. The opinion concluded a judge may serve and be listed as an officer, director, or trustee of a bona fide organization and be identified by name and office on letterhead, unless the organization is likely to appear before the judge or be regularly in adversary proceedings.

Q: Can a judge personally ask people to donate?

A: No. The opinion concluded a judge may not individually solicit funds or use or permit the use of the prestige of office to do so, including through speeches, broadcasts, or a telethon.

Q: Can a judge be honored at a charity dinner and have the judge's name used to advertise it?

A: Yes. The opinion concluded a judge may be honored at a testimonial dinner whose proceeds go to a charitable or civic purpose and may allow the judge's name or title to be used in advertising the involvement, as long as the judge does not individually solicit funds.

Q: What about hosting a fundraising dinner where the judge picks the guests?

A: The opinion concluded a judge may not select and invite guests and host a progressive dinner whose proceeds support the organization, because that is tantamount to individual solicitation, which is prohibited.

Background and rules framework

The opinion interpreted the Michigan Code of Judicial Conduct, particularly MCJC 2A (avoiding the appearance of impropriety), MCJC 4B (extrajudicial speaking, writing, and recreational activities), MCJC 4C (organizational service that does not reflect adversely on impartiality), and MCJC 4D (the bar on individual fundraising and use of the office's prestige). It relied on prior committee opinion CI-641, and expressly replaced the withdrawn J-1.

Citations and references

Code of Judicial Conduct (as cited):

• MCJC 2A (appearance of impropriety)
• MCJC 4B (extrajudicial activities)
• MCJC 4C (organizational service)
• MCJC 4D (individual solicitation of funds; prestige of office)

Other opinions cited:

• Michigan CI-641: judge on a fundraising committee without individual solicitation
• Michigan J-1: prior opinion, repealed and replaced by J-8

See also

• Mich Judicial Ethics Op. J-1: a judge's civic and charitable activities (withdrawn, replaced by J-8)
• Mich Judicial Ethics Op. J-7: a judge's promotion of pro bono service

Source

• Landing page: https://www.michbar.org/opinions/ethics/numbered_opinions?OpinionID=709&Type=6

Original opinion text

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

This opinion replaces J-1, which was repealed and withdrawn by the Standing Committee on Judicial Ethics on January 31, 2014. The Board of Commissioners approved the repeal and withdrawal of J-1 and the adoption of J-008 as a formal opinion on March 5, 2014.

J-8

January 31, 2014

SYLLABUS

A judge may participate in civic and charitable activities which meet the following limitations and/or criteria:

• The activities may not detract from the dignity of the judicial office.

• The activities may not interfere with the performance of judicial duties.

• The activities may not reflect adversely on the judge's impartiality.

• The activities may not give the appearance of impropriety.

• The judge may serve and be listed as an officer, director, trustee or nonlegal advisor of a bona fide educational, religious, charitable, fraternal or civic organization and serve as a member of an honorary committee or join a general appeal of such an organization only if: (a) it is unlikely that the organization will be engaged in proceedings that would ordinarily come before the judge; (b) it is unlikely the organization will become engaged in adversary proceedings in any court; (c) the judge does not personally solicit funds; and (d) the prestige of the judicial office is not used for solicitation of funds or membership.

• The judge may speak at or receive an award in connection with an event of a educational, religious, charitable, fraternal or civic organization, and even allow his or her name or title to be used in advertising the event, but may not individually solicit funds.

References: MCJC 2A, 4B, 4C, 4D; CI-641.

TEXT

A judge is frequently asked to participate in a variety of charitable activities and seeks guidance on the acceptable parameters of participation. Specifically, the judge asks about the following situations:

• Serving as trustee or director of charitable/civic organizations and listing the judge's name and office on the letterhead of the organization.

• On behalf of an organization, sending letters over the judge's signature or designating the judge by judicial title, seeking the addressee's participation on the organization's committees or seeking funds.

• Hosting a progressive dinner where proceeds go to the organization but the judge selects and invites the guests.

• Participating in a walk-a-thon and allowing others to solicit sponsorship of the judge's walk.

• Discussing programs and needs of the civic/charitable organization at a media broadcast, or answering telethon phones where the contributors call in donations.

• Being an honoree at or sponsor for a testimonial dinner for a civic/charitable organization, all contributions going to the civic/charitable cause.

The Michigan Code of Judicial Conduct provides the following guidelines for participation in charitable and civic activities:

• The activities may not detract from the dignity of the judicial office. MCJC 4B.

• The activities may not interfere with the performance of judicial duties. MCJC 4C.

• The activities may not reflect adversely on the judge's impartiality. MCJC 4C.

• The activities may not give the appearance of impropriety. MCJC 2A.

• The judge may serve as an officer, director, trustee or non-legal advisor of a bona fide educational, religious, charitable, fraternal or civic organization except a "judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court." MCJC 4C.

• A judge should not individually solicit funds for any educational, religious, charitable, fraternal or civic organization or any organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. MCJC 4D.

• A judge should not use or permit the use of the prestige of office for the purpose articulated in paragraph 6. MCJC 4D.

• A judge may serve as a member of an honorary committee or may join a general appeal on behalf of an organization, and allow his or her or title name to be used in advertising the judge's involvement in an event, so long as the judge does not individually solicit funds. MCJC 4D.

A judge may be a member of an educational, religious, charitable, fraternal or civic fund-raising committee as long as the judge does not individually solicit money, CI-641. MCJC 4C permits a judge to serve and be listed as director or trustee of charitable or civic organizations, so long as participation meets the requirements of the other Canons mentioned above. Therefore, a judge may be identified by name and judicial office on a letterhead, in circulated literature or in any other communications disseminated by the organization of which the judge is a member. Additionally, if a board or committee sends a general appeal mailing to a variety of people who are known to support the organization, the presence of the judge's name on that letterhead or as one of several signators would not be improper. MCJC 4D, CI-641.

A judge is permitted to solicit membership in an educational, religious, charitable, fraternal or civic organization as long as the membership solicitation is not included in the same letter as a solicitation of funds. But, a judge should not participate in membership solicitation if doing so could be perceived as using the prestige of the judicial office to coerce participation due to MCJC 2A and 4C.

A judge may not personally solicit funds for an educational, religious, charitable, fraternal or civic organization or cause. MCJC 4D. A judge may not select and invite guests, and host a progressive dinner where the proceeds are given to support an organization because this is tantamount to an individual solicitation, prohibited by MCJC 4D. Speeches, broadcasts, or other communications where the judge personally asks others to contribute would therefore be improper. This would apply whether or not the judge is identified by judicial title. Therefore, participation in a telethon as a special guest offering support of the organization or using the prestige of office to encourage contributions is prohibited by the same Canon.

MCJC 4B allows a judge generally to write, lecture, teach, speak and consult on nonlegal subjects, appear before public nonlegal bodies and engage in the arts, sports or other social and recreational activities, as long as the guidelines are not violated. Therefore a judge is allowed to participate in a walk-a-thon, softball game, etc., or other educational, religious, charitable, fraternal or civic causes as long as the judge does not personally solicit contributions, does not individually solicit for backers or sponsors of other participants, and does not allow others to use the prestige of the judge's office to coerce solicitations on the judge's behalf. A judge may participate and be listed in promotional materials as a participant in an educational, religious, charitable, fraternal, or civic activities, as long as the participation does not involve the judge individually soliciting funds.

A judge may attend a testimonial dinner in the judge's honor held by a charitable or civic organization where the proceeds of the dinner are allocated to a charitable or civic purpose. MCJC 4D. The judge may even allow his or her name or title to be used in advertising the judge's involvement in the event as long as the judge does not individually solicit funds. MCJC 4D. A judge may regularly participate in dinners held by educational, religious or fraternal organizations.