STATE OF WASHINGTON ETHICS ADVISORY COMMITTEE OPINION 91-28 Question 1. May a judicial officer be a member of an organization, the stated purpose of which is to advance the legal rights of women, if its activities include lobbying and direct participation in litigation? 2. May a judicial officer purchase a ticket for and attend the organization's annual dinner, proceeds of which go directly to fundraising for the organization? Does it matter if the ticket is complimentary? 3. May a judicial officer attend and make a purchase at the organization's fundraising auction? Answer The answer is premised on the following representations made to the Committee: The activities of the organization include: 1) engaging in political activities; 2) direct participation in litigation it has identified as having an impact on the legal rights of women; and 3) lobbying on such issues. CJC Canon 7(A) provides for limitations on a judicial officer's political activities. Those restrictions 1) prevent a judicial officer from engaging in any political activities except on behalf of measures with improve the law, the legal system and the administration of justice (CJC 7(A)(4)) and 2) prevent a judicial officer from contributing to a political organization (CJC Canon 7(A)(2)). CJC Canon 7(B)(1)(c) provides that judicial officers should not announce their views on disputed legal or political issues. CJC Canon 5(B)(1) provides that judges may participate in extrajudicial activities that do not reflect adversely upon their impartiality or interfere with the performance of their judicial duties provided that the organization will not be regularly engaged in adversary proceedings in any court. The comment to this provision amplifies this restriction by discussing types of organizations which may make policy decisions that may have political significance or imply commitment to causes that may come before the courts for adjudication. We therefore, answer each question as follows: 1. A judicial officer should not be a member of this organization because it regularly engages in adversary proceedings in court and takes positions on disputed legal or political issues. 2. Because the organization regularly engages in adversary proceedings in court and takes positions on disputed legal or political issues a judicial officer should not purchase a ticket for and attend the organization's annual dinner, proceeds of which go directly to fundraising for the organization. It does not matter if the ticket is complimentary because there is an appearance, which cannot be overcome, that the judicial officer supports activities in which the organization engages. 3. A judicial officer should neither attend nor make a purchase at the organization's fundraising auction. Comment See Opinion 91-27 for a general discussion of the factors a judicial officer should consider when weighing the appropriateness of attending an event.