State of Washington

Ethics Advisory Committee

STATE OF WASHINGTON

ETHICS OPINION 16-05

Question

Approximately one and a half months ago I was asked to participate as co-emcee in a program celebrating Latino culture and heritage in honor of Hispanic Heritage Month. I am currently a superior court judge. Flyers indicating my participation and my full title, as well as the title of my co-emcee, were circulated. Subsequent to this, the head of the program decided to donate the proceeds to a local charity, which is an educational organization that helps Latino students. Can I continue to participate in this event? The flyers do not indicate it is a fundraiser, but when you click on the link to purchase tickets there is an indication that proceeds will benefit this organization. Will removing my title cure the issue?

Answer

CJC 3.7(C) allows a judicial officer, while subject to the requirements of CJC 3.1, to appear or speak at, be featured on the program of, and permit his or her title to be used in connection with an educational, religious, charitable, fraternal or civic sponsored event, unless the event serves a fundraising purpose. If there is a fundraising purpose, then the judge may do so only if the event concerns the law, the legal system, or administration of justice. Although a judicial officer may attend or play a minor role (such as ushering or serving food) in fundraising events that do not concern the law, the legal system, or administration of justice, CJC 3.7 Comment [3] suggests that a judicial officer speaking at, being featured on the program of, or using his or her title in connection with such events presents an element of coercion and abuses the prestige of judicial office.

Marketing for the program at issue includes notice that the proceeds will be donated to an educational organization that is classified as a 501(c)(3) non-profit. The information includes a link to the organization's website which has a "Donate Now" feature and asks others to actively "market" the event via sharing through Facebook. Based on this information, it qualifies as an event for a fundraising purpose.

This event benefits a non-profit charitable organization that is not related to the law, legal system, or administration of justice. Therefore, the judicial officer is not permitted to be featured on the program or use his or her title in connection with the event. Because featuring the judicial officer on the program and using his or her title in connection with the event is prohibited, simply removing the judge's title from the program does not cure the issue.

Opinion 16-05

08/12/2016