Can a Michigan judge go door-to-door or sell items on the street to raise money for a charity?

Plain-English summary

A probate judge asked whether the judge could make door-to-door sales or seek donations on behalf of a charitable organization, occasionally identifying himself or herself by name but without reference to the judicial office. The opinion applied MCJC 5B(2), which states that a judge should not individually solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of office for that purpose, but may be listed as an officer, director, or trustee and may join a general appeal or speak on behalf of such an organization.

The opinion concluded that the committee had consistently proscribed this kind of conduct. It noted that an event called "The Great American Lockup" was found to give the appearance of using the power and prestige of judicial office and to be an individual solicitation (JTC A/O 69), and that individual solicitation in an Easter Seals drive or for non-profit public radio was held improper (JTC A/O 22). While fund-raising for charity is laudable and should be encouraged to the extent not clearly prohibited, the opinion observed that every reference to person-to-person solicitation, as opposed to a general appeal, had been found improper.

The opinion also quoted former Michigan Canon of Judicial Ethics 25, the predecessor of MCJC 5B, which barred a judge from personally soliciting for charities while permitting a board position or joining a general appeal. It concluded that a judge may not individually solicit funds, and that this bar includes selling items or soliciting funds on the street or going door-to-door.

Currency note

This opinion was issued in 1989 and interprets the Michigan Code of Judicial Conduct as it then stood. The Code of Judicial Conduct has been amended since, including changes to the canons governing a judge's charitable and fund-raising activities. Treat this page as historical context, not current guidance. Verify against the current Code of Judicial Conduct before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a Michigan judge sell items door-to-door for a charity?

A: The opinion concluded a judge may not, because door-to-door or on-the-street sales whose primary purpose is to raise charitable funds are a form of individual solicitation barred by MCJC 5B(2).

Q: Does it help that the judge does not mention the judicial office?

A: The opinion still found the conduct improper; it concluded individual person-to-person solicitation is prohibited regardless, and that such activity can give the appearance of using the prestige of office.

Q: What charitable involvement is permitted?

A: The opinion noted that under MCJC 5B(2) a judge may be listed as an officer, director, or trustee, may join a general appeal, and may speak on behalf of the organization.

Q: Was charitable fund-raising itself discouraged?

A: No. The opinion described fund-raising for charity as laudable and to be encouraged to the extent not clearly prohibited by the Code; only individual person-to-person solicitation was barred.

Background and rules framework

The opinion interpreted MCJC 5B(2) of the Michigan Code of Judicial Conduct, governing a judge's solicitation of funds for charitable and similar organizations, and traced it to former Michigan Canon of Judicial Ethics 25. It relied on prior Judicial Tenure Commission advisory opinions (JTC A/O 22, 54, 69, 70) and committee opinion CI-641.

Citations and references

Code of Judicial Conduct (as cited):

• MCJC 5B(2) (a judge should not individually solicit funds; may join a general appeal)
• Former Michigan Canon of Judicial Ethics 25 (predecessor of MCJC 5B)

Other opinions cited:

• JTC A/O 69: "The Great American Lockup" as individual solicitation
• JTC A/O 22: Easter Seals drive and public-radio solicitation held improper
• JTC A/O 54, JTC A/O 70; CI-641: person-to-person solicitation found improper

See also

• Mich Judicial Ethics Op. JI-2: judicial campaign contributions from PACs

Source

• Landing page: https://www.michbar.org/opinions/ethics/numbered_opinions?OpinionID=712&Type=6

Original opinion text

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

JI-3

February 8, 1989

SYLLABUS

A judge may not participate by going "door to door" or "on the street" as part of the sale of items, products or gaining contributions, where the primary purpose is to solicit funds for charitable or philanthropic organizations.

Reference: MCJC 5B(2).

TEXT

The Committee has been asked whether a probate judge may, on behalf of a charitable organization, make door to door sales or seek donations for the charitable organization's activities, occasionally identifying himself/herself by name but without reference to the judicial office.

A provision of the Michigan Code of Judicial Conduct and various Opinions of this committee are applicable in deciding this question. MCJC 5B(2) states that:

"A judge should not individually solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director or trustee of such organization. A judge may, however, join a general appeal on behalf of an educational, religious, charitable, or fraternal organization or speak on behalf of such organization." Emphasis added.

Where this question has been heretofore presented in various other formats, such conduct has always been proscribed. An event commonly called "The Great American Lockup" was found to give the appearance of using the power and prestige of judicial office and was seen to be an individual solicitation, JTC A/O 69. Likewise, individual solicitation in an Easter Seals drive or local non-profit public radio was held improper, JTC A/O 22. Although the committee has consistently held that while fund-raising for charitable organizations is not only "laudable" and should be encouraged to the extent that it is not clearly prohibited by the Code of Judicial Conduct, every reference to person-to-person solicitation of funds rather than a "general appeal" has been found to be improper. See, JTC A/O 54, JTC A/O 70; CI-641.

Former Michigan Canon of Judicial Ethics 25, predecessor of MCJC 5B, provided in relevant part:

"A judge should avoid giving ground for any reasonable suspicion that he is utilizing the power or prestige of his office to persuade or coerce others to patronize or contribute . . . to charitable enterprises. He should, therefore, not . . . solicit for charities . . . .

"Nothing herein contained shall prevent a judge from occupying a position on any charity board or joining a general appeal on behalf of such charity or speaking on behalf of such charity, provided, however, he shall not do any personal soliciting." Emphasis added.

Accordingly, a judge may not individually solicit funds for any educational, religious, charitable, fraternal or civic organization or use or permit the use of the prestige of judicial office for that purpose - which includes selling or soliciting funds for items on the street or going door-to-door.