Gifts and Contributions: Code Governs What’s Acceptable

Gifts, whether received by or solicited from a judicial employee, are covered by the Code of Conduct and Judicial Conference gift regulations. And as the season of giving approaches, colleagues exchange presents, and charitable organizations ask for support, it may be time for a quick review of what these ethics guidelines allow.

Giving

Judicial employees may solicit funds in connection with outside activities. However, they should not solicit contributions from subordinates. Instead, information may be provided about a general fund-raising campaign. For example, managers may allow notices of fund-raising activities to be posted on an office bulletin board. The only authorized charitable campaign in federal offices is the Combined Federal Campaign, which kicks off this month.

Can employees seek donations personally from colleagues who don’t work for them? Yes, so long as this does not interfere with the performance of duties. Employees may want to check with their supervisors about any specific restrictions.

What about fund-raising outside the office—are there any limitations? Yes. Judicial employees should avoid soliciting or accepting funds from lawyers or others likely to come before the employee or the court or office the judicial employee serves. But incidental contacts are not prohibited, such as a flyer passed out at a neighborhood shopping center.

Receiving

Seasonal gifts from co-workers and business acquaintances also can raise questions. Judicial employees are not permitted to accept gifts from anyone with a few exceptions, such as ordinary hospitality or gifts from friends and relatives on special occasions. Holiday cards and wishes for the New Year may be received in the best spirit of the season. A reciprocal gift from your office lunch partner is fine as well. Judicial employees generally should not give gifts to their official superior, but gifts on special occasions are permitted if they are truly voluntary.

Is the fruit basket or poinsettia that arrives during the holiday season from a local law firm acceptable? It depends. Judicial employees may not solicit these gifts, but often they arrive unsolicited. If that happens, a gift to an employee (other than chambers staff) generally can be accepted if its value is $50 or less and the total value of gifts from the same donor does not exceed $100 in a calendar year. If the value exceeds these amounts, and the gift is not otherwise permitted, perishable items can be shared within the office or donated to charity. Also, gifts that cannot properly be accepted may be returned at government expense.

What about invitations to holiday parties? The same dollar guidelines apply, and ordinary social hospitality is generally acceptable. Your neigh-bor’s holiday open house should be fine, but a law firm’s dinner-dance at the priciest restaurant in town may not be if it is going to cost more than $50 and if it associates the employee closely with a law firm that may appear before the employee’s court. The Code of Conduct also states a judicial employee’s activities outside of official duties should not detract from the dignity of the court, interfere with the performance of official duties, or adversely reflect on the operation and dignity of the court or office the judicial employee serves. Happy holidays!