State of Washington

Ethics Advisory Committee

Question

May a judicial officer in connection with service on an organization devoted to the improvement of the law, the legal system and the administration of justice engage in the following activities: 1) make direct contact with staff of a fund granting agency to determine whether the interests of the agency encompass the project in which the organization is involved; 2) orally request funding support; 3) prepare a written application for funding; 4) sign an application for funding; 5) follow up contact by telephone; and 6) face-to-face meetings to inquire about funding or the status of the application?

The judicial officer is the co-chair of a bar association public legal education organization which has several projects which are covered under the scope of CJC Canon 4(C).

Answer

CJC Canon 4(C) provides in part that judges may serve as members, officers or directors of an organization devoted to the improvement of the law, the legal system, or the administration of justice. They may assist in raising funds and may participate in their management and investment, but should not personally solicit contributions from the public. Judges may make recommendations to public and private fund granting agencies on projects and programs concerning the law, the legal system and the administration of justice.

Canon 4(C) permits a judicial officer to make direct contact with staff of a fund granting agency to determine whether the interests of the agency encompass the project in which the organization is involved. The fund request may be made either orally or part of a written application for funding. The judicial officer may sign the funding application and may follow up with telephone contact and in face-to-face meetings to inquire about funding or the status of the application.
CJC Canon 4(C) makes an exception to the prohibition against soliciting funds by permitting a judicial officer to make recommendations to public and private fund granting agencies on projects and programs concerning the law, the legal system and the administration of justice. The prohibition against soliciting contributions from the public remains intact even for organizations devoted to improving the law, the legal system and the administration of justice.

Opinion 02-10

06/19/2002