State of Washington

Ethics Advisory Committee

Opinion 93-17

Question

May a judicial officer allow a court employee, who is subject to the direction and control of a judicial officer, to accept gifts, such as food trays or candy, from local attorneys and court vendors during the holiday season?

Answer

CJC Canon 3(B)(2) provides that judicial officers require their staff and court officials subject to their direction and control to observe the same standards of fidelity and diligence that apply to them. CJC Canon 5(C)(4)(b) provides that judges may accept ordinary social hospitality.

A judicial officer may allow a court employee, who is subject to the direction and control of a judicial officer, to normally accept gifts of nominal value, such as food trays or candy, from local attorneys and court vendors during the holiday season when these gifts are no more than ordinary social hospitality. However, the judicial officer should be cautious to ensure that the staff's practice of accepting nominal gifts from attorneys and court vendors does not create an appearance of partiality or impropriety.

NOTE: Effective June 23, 1995, the Supreme Court amended the Code of Judicial Conduct. In addition to reviewing the ethics advisory opinions, the following should be noted:

Opinion 93-17—CJC Canon 5(C)(4)(b) became 5(C)5(b).

The Supreme Court adopted a new Code of Judicial Conduct effective January 1, 2011. In addition to reviewing the ethics advisory opinions, the following should be noted:

CJC 1.2
CJC 2.12(A)
CJC 3.13(B)(3)

Opinion 93-17

06/21/1993

 

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