Can a Michigan judge attend a political party's testimonial dinner honoring judges where tickets are priced above the dinner's cost?

Plain-English summary

A judge asked whether the judge could attend a fund-raising dinner sponsored by a local political party in honor of the county's sitting Circuit, District, and Probate judges, with Michigan Supreme Court justices and Court of Appeals judges also honored. All judges would be guests of the party and none would be asked to solicit funds or attendance, but the party intended to charge attendees more than the cost of the dinner and keep the profit. The opinion applied MCJC 5B, 7A(1), 7B(2)(a), and 7C(1).

The opinion noted that while judges may attend political gatherings and make individual contributions, the Code does not permit a judge to personally solicit money for any purpose, not even the judge's own campaign. It explained that MCJC 7C(1) expressly prohibits fund-raising other than for a judicial campaign, providing that no judge shall accept a testimonial occasion on the judge's behalf where the tickets are priced to cover more than the reasonable costs, which may include only a nominal gift.

The opinion concluded that a judge considering any extrajudicial activity must determine whether the event involves the judge's personal solicitation of funds, and if so the judge cannot participate (JI-3, JI-87); and that even where no active solicitation is required, it is improper for a judge to use or permit the use of the prestige of office for fund-raising (MCJC 5B(2)). Because the proposed dinner sought to use the prestige of judicial office to raise money for the party, the opinion concluded it was unethical for the judge to attend, and that MCJC 7C bars accepting a testimonial occasion where tickets are priced above reasonable cost; the fact that the judges would not share in the profits was immaterial.

Currency note

This opinion was issued in 1997, before Michigan's 2002 adoption of the Ethics 2000 revisions to its Rules of Professional Conduct, and it interprets the Michigan Code of Judicial Conduct as it then stood. The Code of Judicial Conduct, including the canons governing judges' political activity, has been amended since. Treat this page as historical context, not current guidance. Verify against the current Code of Judicial Conduct before relying on any specific rule mentioned here.

Common questions

Q: Can a Michigan judge attend a political party's testimonial dinner honoring judges?

A: The opinion concluded the judge may not, where the tickets are priced above the reasonable cost of attendance and the event uses the prestige of judicial office for party fund-raising.

Q: Does it matter that the judge is only a guest and does not solicit funds?

A: The opinion concluded it does not; even without active solicitation, it is improper for a judge to permit the prestige of office to be used for fund-raising.

Q: Does it matter that the judges keep none of the profits?

A: No. The opinion concluded the fact that the judges would not share in the profits is immaterial.

Background and rules framework

The opinion interpreted MCJC 5B(2) (a judge should not lend the prestige of office for fund-raising), 7A(1) and 7B(2)(a) (political conduct and solicitation), and 7C(1) (testimonial occasions priced above reasonable cost) of the Michigan Code of Judicial Conduct. It relied on prior opinions JI-3 and JI-87.

Citations and references

Code of Judicial Conduct (as cited):

• MCJC 5B(2) (not lending the prestige of office to fund-raising)
• MCJC 7A(1), 7B(2)(a) (a judge's political conduct and solicitation)
• MCJC 7C(1) (no testimonial occasion priced above reasonable cost)

Other opinions cited:

• Michigan JI-3: a judge may not personally solicit funds
• Michigan JI-87: solicitation in extrajudicial activities

See also

• Mich Judicial Ethics Op. JI-3: door-to-door charitable solicitation by a judge
• Mich Judicial Ethics Op. JI-2: judicial campaign contributions from PACs

Source

• Landing page: https://www.michbar.org/opinions/ethics/numbered_opinions?OpinionID=824&Type=6

Original opinion text

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

JI-115

August 15, 1997

SYLLABUS

A judge may not attend a testimonial dinner sponsored by a political party where the price of admission exceeds the reasonable cost of attendance.

It is unethical for a judge to use or permit the use of the prestige of judicial office to raise money for a political party.

References: MCJC 5B (2), 7A (1), 7B (2)(a), 7C(1); JI-3, JI-87.

TEXT

A judge has inquired whether it would be ethical for the judge to attend a fund raising dinner sponsored by a local political party in honor of the county's sitting Circuit, District, and Probate judges. Justices of the Michigan Supreme Court and the judges of the Michigan Court of Appeals will also be honored. All judges would be guests of the political party. None of the judges are asked to solicit funds or attendance to the event. The political party intends to charge attendees more than the cost of the dinner and retain any profit from ticket sales.

While it is clear that judges may attend political gatherings and make individual contributions to political parties, the Michigan Code of Judicial Conduct does not permit judges to personally solicit money for any purpose—not even for the judge's own election campaign. MCJC 5B, 7A(1) and 7B(2)(a).

Fund raising for other than judicial campaign purposes is expressly prohibited by MCJC 7C(1), which states in part:

"No judge shall accept a testimonial occasion on the judge's behalf where the tickets are priced to cover more than the reasonable costs thereof, which may include only a nominal gift."

Therefore, when considering an invitation to participate in any extra judicial activity, judges must determine whether the event involves the judge's personal solicitation of funds. If so, the judge cannot participate. JI-3 and JI-87. Even when the event does not require a judge to actively solicit moneys, it is improper for a judge to use or permit the use of the prestige of judicial office for fund raising purposes. MCJC 5B(2).

Since the proposed fundraiser seeks to use the prestige of judicial office to raise money for the local political party, it is unethical for the judge to attend the event. Moreover, MCJC 7C prohibits all judges from accepting a testimonial occasion where the cost of tickets sold to attendees are priced to cover more than the reasonable costs of the event. The fact that the judges will not share in the profits is immaterial to this decision.