State of Washington

Ethics Advisory Committee

Question

May a court participate as a sponsor/host of a conference where funding will be provided both by grants and contributions from a major company?

A municipal court has been approached by the Bureau of Justice Assistance (BJA) and the Center for Court Innovation (a partnership between New York unified courts and a private non-profit which helps courts and criminal justice agencies) to host a national community court conference. The municipal court has a community court which is unique because it has targeted some of the hardest to manage defendants in the country.

Funds would be used to secure a venue, cover expenses for meals, transportation for conference attendees and costs for guest speakers. None of the funds would be used by the municipal court to cover any of the expenses related to hosting events at the courthouse or cover staff and judicial officers who will be participating.

The court does not intend to pursue underwriting but would work through the BJA and the Center for Court Innovation. The commitment the court has from a private company came as a result of discussions by the city attorney’s office and not through the court’s efforts.

The city attorney’s office had made a commitment to provide some funding out of its operating budget. This funding would be paid either directly to the Center for Court Innovation or paid directly to cover the conference expenses.

Answer

CJC Canon 4 generally provides that judges may engage in activities to improve the law, the legal system and the administration of justice if these activities do not cast doubt on their capacity to decide impartially any issue that might come before them. Canon 2(B) provides in relevant part that judges should not lend the prestige of judicial office to advance the private interests of others. Canon 2(A) provides in part that judges should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
CJC Canon 4 and 2(A) and (B) permit a court to participate as a sponsor/host for a national conference where funding will be provided by grants and contributions from a major company. Even though the court may act as the host, the judicial officers should not personally engage in any fundraising in order to secure underwriting for the conference. The committee suggests the court consult with the appropriate accounting department to ensure that all funds associated with putting on the conference are handled in accordance with municipal accounting procedures. Additionally, the court should advise the BJA and the Center for Court Innovation that sponsorship of the conference may be acknowledged only in ways that do not create the impression the court is lending its prestige to advance the private interests of the conference contributors.

Opinion 07-04

06/08/2007