State of Washington

Ethics Advisory Committee

Question

Is it proper for the judiciary to purchase time on radio and television from the broadcasters’ association through its public education partnership program for presentations to educate the public as to how the judicial branch operates or to present programs on matters relevant to the judiciary? May the judiciary accept donated space for public education presentations?

The broadcasters’ association through its public education partnership program makes time available to government agencies and non-profit organizations at a discount rate. The judiciary will be proposing to a committee made up of judges and media representatives that newspaper organizations initiate a similar program or that they donate space for public education presentations on the judiciary.

Answer

Canon 2(A) provides that judges should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon 4(A) provides in part that judges may participate in activities concerning the law, the legal system and the administration of justice. The judiciary may, therefore, purchase time on radio and television from the broadcasters’ association to educate the public as to how the judicial branch operates or to present programs on matters relevant to the judiciary. The judiciary may also use donated space for public education presentations. Because a judge should act in a way which promotes public confidence in the integrity and impartiality of the judiciary, the judge should not personally negotiate with broadcasters or other media to obtain donated time or space to secure a reduction in the cost for public education presentations about the judiciary. An employee of the court may, however, negotiate on behalf of the court.

Opinion 99-04

06/01/1999