Can a lawyer contribute to a memorial fund for a deceased judge organized by a local group that is not a bar association or law school?

Plain-English summary

A local group chaired by a nonlawyer was organized for the sole purpose of establishing a memorial for a deceased judge and requested funds for that purpose from members of the local bar. The group was not affiliated with a law school or any bar association. The question was whether a lawyer could contribute to this group for the memorial.

The committee concluded that under Rule 3.5(e) a lawyer may not contribute, because the rule prohibits contributions to a "memorial" for a judge except by the rule's authorized procedures. Rule 3.5(e) bars a lawyer from participating in any judicial portrait fund or memorial unless, among other conditions, the soliciting entity is a law school or an established state, county, or local bar organization or association that was not formed for the primary purpose of soliciting judicial portrait funds or memorials. The local group here, formed solely to solicit the memorial and not affiliated with a bar association or law school, does not meet that condition.

The committee added that applying the rule to memorial contributions seems inconsistent with the rule's purpose and language of preventing improper influence of a judge, and stated that, in its opinion, revising the rule to allow such contributions may be appropriate.

In practice

Under this opinion, on the facts presented, a lawyer may not contribute to a memorial fund for a deceased judge unless the soliciting entity is a law school or an established bar organization not formed primarily to solicit such funds; a local group organized solely for the memorial and unaffiliated with a bar association does not qualify under Rule 3.5(e). The committee observed that the result seems inconsistent with the rule's anti-influence purpose (the judge being deceased) and suggested the rule may warrant revision.

Common questions

Q: Can a lawyer donate to a memorial fund for a judge who has died?

A: The committee concluded a lawyer may not contribute unless the solicitation comes from a law school or an established bar organization not formed primarily to solicit such funds, per Rule 3.5(e).

Q: Why does the rule reach a memorial for a deceased judge?

A: The committee noted Rule 3.5(e) governs judicial portrait funds and memorials by its terms, but observed that applying it to a deceased judge's memorial seems inconsistent with the rule's purpose of preventing improper influence, and suggested the rule may warrant revision.

Background and rules framework

The opinion applies South Carolina Rule 3.5(e) (impartiality and decorum of the tribunal; participation in judicial portrait funds and memorials), which corresponds to South Carolina's expansion of Model Rule 3.5 on improper influence of a tribunal. The rule conditions a lawyer's participation in a judicial memorial on the soliciting entity being a law school or an established bar organization not formed primarily to solicit such funds.

Citations and references

Rules of Professional Conduct:

• SC Rule 3.5(e) (participation in a judicial portrait fund or memorial only through a law school or an established bar organization), part of Model Rule 3.5 (improper influence of a tribunal)

See also

• SC Bar Ethics Op. 06-09: A lawyer serving as both police officer and city prosecutor
• No other sibling opinions yet indexed.

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-06-14/

Original opinion text

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

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 06-14

SC Rules of Professional Conduct: 3.5(e)

Facts
A local group chaired by a non-lawyer has been organized for the sole purpose of establishing a memorial for a deceased judge. This group requests funds for this purpose from members of the local bar. The group is not affiliated with a law school or any bar association.

Question
Can a lawyer contribute to this group for this memorial under these circumstances?

Summary
Under Rule 3.5(e) a lawyer may not contribute to a fund for a deceased judge because the rule prohibits contributions to a “memorial” for a judge except by the authorized procedures of the rule.

Opinion
Under Rule 3.5(e) a lawyer may not contribute to a fund for a deceased judge because the rule prohibits contributions to a “memorial” for a judge except by the authorized procedures of the rule. Rule 3.5(e) states in relevant part:
A lawyer shall not:
(e) participate in any judicial portrait fund or memorial except upon the following conditions:
(1) the soliciting entity shall be a law school or an established state, county or local bar organization or association which was not formed for the primary purpose of soliciting judicial portrait funds or memorials;

Application of the rule to contributions for memorials seems inconsistent with the purpose and language of the rule to prohibit improper influence of a judge. In the Committee’s opinion, revision of the rule to allow such contributions may be appropriate.