COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 46
Acceptance by Judges of Public Testimonials or Awards.
From time to time, the advice of the Committee has been sought concerning
the acceptance by judges of public testimonials or awards. The frequency
of the inquiry prompts this formal opinion on the question.
Judges who have achieved a preeminence such as to prompt public
recognition should ordinarily be able to accept such honors. In addition
to the personal gratification involved, the entire judiciary benefits from
public praise of one of its members.
Before accepting such recognition, however, a judge should take
certain factors into consideration. Notwithstanding the spirit in which
the award is proffered, it should not be accepted from an organization
whose public image embodies a clearly defined point of view on controversial
legal, social or political issues. Neither should an award be accepted
from an organization which is apt to be before the courts as a litigant.
Finally, a judge must be cautious in the case of an award given
in conjunction with a fund-raising dinner or event. The Commentary to Canon
5B(2) and (3) 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." It would seem quite
likely that the recipient of an award would be either a "guest of honor"
or a "speaker" at such an event. In addition to the nature of the organization
involved, the judge should be concerned that his or her presence is not
merely a device to promote publicity and the sale of tickets.
The nature of these cautions and the variety of situations to which
they may be applied, make it clear that, consistent with the appearance
of propriety and impartiality, the decision in each case must remain within
the conscientious discretion of each judge.
October 14, 1975
Revised January 16, 1998