State of Washington

Ethics Advisory Committee

Question

May a judge offer and make an educational presentation about the court, legal system and/or the judicial canons to a group of people at a meeting or event sponsored by a political organization; i.e. an organization that receives funds from a recognized political party, an organization whose primary purpose is to endorse and/or opposes ballot measures, political candidates and/or who primary purpose is to lobby and/or seeks to make changes in the laws, or an organization that raises money for such an organization, if the same presentation is offered to any and all similarly situated political organizations?

Does it make a difference if the presentation by the judge is sponsored by the court as opposed to being offered by a judge in his/her official capacity?

Does is make a difference if the presentation is offered to any and all organizations, political or non-political, that request the presentation?

Does it make a difference if the presentation is offered to such political organizations on the condition that they make that portion of the meeting devoted to the judicial presentation open to the public at large?

The following representations were presented to the committee: 1) Judges are elected in this state and it is important for the public to know about the judicial branch and system so that they can make informed decisions about their vote, and/or support a candidate for judicial positions and/or ballot measures relating to the judicial system. 2) Many people who participate in political organizations may not also have, or take, time to participate in non-political organizations to gain information about elections, election issues and the functioning of the government, and thus will be denied information necessary and important to an informed public. 3) During the time immediately before an election, when judges may ethically attend political organizations as individuals under CJC Canon 7, the time afforded to judicial candidates or their representatives is limited, often less than five minutes, due to the number of candidates for judicial as well as other offices, and judicial candidates are of necessity speaking about matters particular to them individually rather than matters relating generally to the judicial system, so there is little or no opportunity to educate the public about general matters relating to the judicial system.

Answer

CJC Canon 4(A) permits judicial officers to engage in quasi-judicial activities such as speaking about the law, the legal system and the administration of justice provided it does not interfere with the performance of judicial duties. CJC Canon 7(A)(1)(d) provides that judicial officers shall not attend political functions sponsored by political organizations except as provided by Canon 7(A)(2). That provision permits judicial candidates and judicial officers, during judicial campaigns, to attend political gathering, including functions sponsored by political organizations and to speak on their own behalf or that of another judicial candidate.

The first question raised is whether a judicial officer may make an educational presentation about the law, the legal system and the administration of justice to a group of people at a meeting or event sponsored by a political organization. Unless it meets the judicial campaign exception set forth in Canon 7(A)(2), a judicial officer may not attend a political party function to make an educational presentation.

The next three questions ask if the answer is different: 1) if the presentation is offered by the court as opposed to an individual judge; 2) is offered to all organizations, non-political or political; or 3) if the presentation is offered to political organizations on the condition that they make that portion of the meeting devoted to the judicial presentation open to the public. None of these variations change or expand the limited exception set out in Canon 7(A)(2). Hence, the judicial officer would not be permitted to make the presentation at a political party function unless it is during a judicial campaign. If the judicial candidate or judicial officer were to appear during the course of a judicial campaign, the presentation may also cover such topics as the judicial candidate or judicial officer’s qualifications for judicial office.

CJC Canon 4(A) does permit the judicial officer to make educational presentations about the court, legal system and/or judicial canons at forums sponsored by the media and civic and community organizations.

Also see Opinions 95-7 and 96-1.

Opinion 02-03

2/25/2002