STATE OF WASHINGTON
                  ETHICS ADVISORY COMMITTEE
                    AMENDED OPINION 98-13
                              

Question
     1. May the name and title of a judicial officer appear on
        the letterhead of a nonprofit educational foundation when
        the letterhead is used for fund raising communications?

     2. May the name and title of a judicial officer appear on
        the letterhead of a nonprofit educational foundation when
        the letterhead is used for nonfund raising business
        communications?

     A newly elected full-time judicial officer was a
founding member of a local nonprofit education foundation
which was set up for the purpose of providing educational
grants and scholarships to the faculty and students in the
local school district.  The judicial officer has resigned
from a board office but has been requested by other board
members to remain on as an ex officio board member.

     It is unlikely the foundation will be engaged in
proceedings that would likely come before the judicial
officer or would regularly be engaged in adversarial
proceedings in court because there have never been such
proceedings in the past.


Answer
     CJC Canon 5(B) provides that judges may participate in
civic and charitable activities that do not reflect
adversely upon their impartiality or interfere with the
performance of their judicial duties.  CJC Canon 5(B)(2)
provides that judges should not use the prestige of their
office to solicit contributions for any educational,
religious, charitable, fraternal, or civic organization, but
they may be listed as officers, directors, or trustees of
such an organization.  They should not be speakers or the
guest of honor at an organization’s fund raising events, but
they may attend such events.  The comment to Canon 5(B)(2)
provides in part that using an organization’s letterhead for
fund raising or membership solicitation is permissible
provided the letterhead lists only the judge’s name and
position in the organization and if comparable designations
are listed for other persons.  The comment does not provide
that the judicial position may be listed on the letterhead
used for solicitation of membership or fund raising.  The
judge’s name and position in the organization but not the
judicial position  may be on letterhead if that letterhead
is not being used for fund raising or membership
solicitation.

Amended Opinion 98-13                            
12/18/98
Revised 2/6/02