State of Washington

Ethics Advisory Committee

Question

May a judicial officer perform at a community band concert at which there be fundraising? If so, would the judicial officer need to leave the stage before a fundraising request is made? May publicity about the band’s trip include a reference that one of the members is a judge when the professions of the other band members are mentioned?

May non-judicial officer band members solicit “sponsorships” of the band by a few local businesses if they do not in any way reference that one of the members of the band is a judicial officer?

A judicial officer is a member of a community jazz band which fluctuates in members from about 15 to 20. The band has been invited to travel and perform at a Japanese “sister city.”

About half of the band members are college students who cannot afford to pay for the cost of travel to the sister city. The judicial officer and nonstudent members are paying their own cost for the trip.

The band intends to play several public performances (concerts and dances) as part of a fundraising effort for the college student band members. At those events the band leader intends to ask those in attendance to “throw some money into the hat” to help raise some money for the college student band member costs.

The judicial officer will not be speaking or asking anyone to contribute, but would plan on playing at these performances and would be on stage, along with the other band members, when the “pass the hat” request is made.

Answer

CJC 3.7(A) in relevant part provides that a judicial officer may volunteer services and goods at a fundraising event as long as the situation could not be reasonably deemed coercive. CJC 3.7(C) prohibits the appearance at or being featured on the program of an organization unless the organization is concerned with the law, the legal system, or the administration of justice. CJC 3.7 Comment [3] explains that mere attendance at an event does not violate section (C). It goes on to explain that it is permissible to serve as an usher, food server, or to perform similar functions at fundraising events because those activities are not solicitation and do not present an element of coercion or abuse of the prestige of the judicial office.

Similarly, it is not solicitation and does not present an element of coercion or the abuse of the prestige of judicial office if a judicial officer performs as a member of a community band concert at which there will be fundraising. The judicial officer is not required to leave the stage before a fundraising request is made; again, for the reasons set out in CJC 3.7 Comment [3]. Publicity about the band’s trip may include a reference that one of the members is a judge when there is either: 1) no fundraising in the publicity; or 2) if there is a fundraising component that the fundraising activity does not present an element of coercion or abuse of the prestige of the judicial office.

The Code of Judicial Conduct does not restrict non-judicial officer band members from speaking about or asking for contributions from sponsors provided that there is no reference made in the solicitation that one of the band members is a judicial officer or if the judge is referred to generally as being a member of the legal profession.

Opinion 14-02

02/04/2014