COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 35
Judge's Name Appearing on Letterheads and Other Solicitation Material
of Charitable Organization.
The issue addressed is whether a judge who serves on the board of
directors and executive committee of a national charitable organization
may permit his or her name to appear on the reverse side of the organization's
stationery. The judge renders no legal service and does not participate
in any fund-raising activities. The judge's name is one of 112 directors
and there is no indication of the judge's official position.
In Advisory Opinion Nos. 2 and 12, issued prior to the adoption
in April 1973 of the Code of Judicial Conduct for United States Judges,
the Committee considered the propriety of a judge serving on a board of
directors and executive committees of charitable, religious, fraternal
and civic organizations. These opinions make it clear that it is not improper
for a judge to so serve provided the judge does not engage in the solicitation
of funds or permit the influence of his or her name or office to be used
in any solicitation and provided that the service will not interfere with
the prompt and proper performance of official duties.
Canon 5B(2) of the Code of Conduct provides that "[a] judge should
not solicit funds for any educational, religious, charitable, fraternal,
or civic organization, or use or permit the use of the prestige of the
judicial office for that purpose, but the judge may be listed as an officer,
director, or trustee of such an organization." The Commentary to Canon
5B(2) further provides that "[a] judge may attend fund-raising activities
of the organization although the judge may not be a speaker, a guest of
honor, or featured on the program of such an event. Use of an organization's
letterhead for fund-raising or membership solicitation does not violate
Canons 5B(2) and (3) provided the letterhead lists only the judge's name
and position in the organization, and, if comparable designations are listed
for other persons, the judge's judicial designation."
The Reporter's Notes pertaining to the American Bar Association
Code upon which the Code of Conduct for United States Judges was modeled
reflects that the ABA Code (and by implication the Code of Conduct for
United States Judges) is less restrictive than the old canons construed
in the prior opinions of this Committee. See Thode, Reporter's
Notes to Code of Judicial Conduct 80 (ABA 1973). The Notes read in
part:
Old Canon 25 states, ". . . He [a judge] should not solicit
for charities . . . ." The committee found this to be a sound general principle,
but recognized that authorizing judges to serve as officers and directors
of organizations described in Canon 5B has an impact on fund raising. The
Committee therefore formulated restrictions intended to insulate judges
from fund-raising as far as practicable. A judge may not be the speaker
or guest of honor at fund raising events, although he may attend such events.
On the other hand, the Committee decided that, as a matter of fairness
and honesty, potential donors are entitled to be told the names of the
officers and directors of the organization to which they are contributing.
A judge must not permit his name and office to be selectively emphasized
by the organization, but information about him can be listed along with
similar information about the other officers and directors.
We conclude that there is no impropriety in the judge permitting his
or her name to be used on stationery and other material used for solicitation
purposes provided that the judge's name and office are in no way selectively
emphasized by the organization.
The Committee also recognizes that many organizations, including
universities and charitable organizations, periodically print and distribute
the names of contributors. Judges are not prohibited from making contributions
to such organizations for that reason so long as the judge's name (and
title, if listed) is published in a manner similar to other contributors,
and without undue emphasis.
May 8, 1974
Revised January 16, 1998