COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 47
Acceptance of Complimentary Memberships in Professional and Social
Clubs.
A judge inquires as to the propriety of accepting an honorary or
complimentary membership or the use of club facilities without membership
in a purely social club, in this instance a social club which has recreational
facilities including a golf course. The judge would pay the usual fees
and charges for meals, greens fee and other services but would not be required
to pay dues or an initiation fee. Similar inquiries have been made regarding
other social and professional clubs.
It appears to be a rather common and long-standing practice in some
communities to extend honorary membership to judges, members of legislative
bodies, high-ranking members of the executive branches of government, members
of the clergy, military officers and college or university officials.
The honorary or complimentary membership is a gift or favor and
the propriety of its receipt is most directly covered by Canon 5C(4), which
provides in part:
C. Financial Activities.
* * *
(4) A judge should not solicit or accept anything of value from
anyone seeking official action from or doing business with the court or
other entity served by the judge, or from anyone whose interests may be
substantially affected by the performance or nonperformance of official
duties; except that a judge may accept a gift as permitted by the Judicial
Conference gift regulations.
The Judicial Conference gift regulations, in turn, permit a judge to
accept a gift when "the donor is not a party or other person who has come
or is likely to come before the judge or whose interests may be substantially
affected by the performance or nonperformance of his or her official duties."
While some more exorbitant gifts might implicate Canon 1's mandate to maintain
an independent judiciary and Canon 2's admonition to avoid the appearance
of impropriety, the Committee believes that Canon 5C(4) and the Judicial
Conference gift regulations permit the receipt of an honorary membership
in a purely social club.
Before accepting such membership the judge should ascertain that
the club involved is not involved or likely to become involved in litigation
in the federal court.
A judge must also consider whether the offer of the honorary membership
is designed to exploit his or her judicial position. Just as a judge may
not utilize the power and prestige of the judicial office to persuade others
to contribute to a charitable enterprise, the judge must be sure that the
honorary membership is not being offered to persuade others to become members
of the club, or lend the prestige of the judicial office to advance the
private interests of the club. Finally, the judge should not accept a complimentary
or honorary membership in an organization or club that practices invidious
discrimination on the basis of sex, color or creed. See also Advisory
Opinion No. 82 (discussing issues judges should consider before joining
any organization).
If the club offers such memberships to a broader group of public
servants than judges,
i.e., legislators, clergy, etc. or, if it
has a tradition of extending such memberships and offers them to all persons
holding that position, there is less likelihood that the appearance of
influencing the judge will arise. If a judge has not previously been a
member of the club and is singled out for such treatment, he or she should
consider carefully how the receipt of this gift membership may appear to
others. The judge must be especially cautious in this respect if the officers
or directors or the members of the committee conferring such membership
are attorneys practicing before the judge whereby the membership could
convey the impression that some lawyers are in a special position to influence
the judge.
As with all gifts, the judge must comply with the pertinent financial
disclosure requirements of the Ethics in Government Act and the Judicial
Conference.
October 14, 1975
Revised January 16, 1998