State of Washington

Ethics Advisory Committee

Question:

May a judicial officer be a judge of a "Battle of Lawyer Bands" competition for a Young Lawyers Association event?  Three bands will be performing in the competition and each will include lawyer performers.  They will be charging a cover admission for the event  and the money will be donated to the Volunteer Lawyers program which provides pro bono services to clients in need and a percentage of the food and beverages consumed will likely be donated.  Judges are expected to give commentary after each act or at the end of the evening when they decide who "won." 

If the judicial officer is allowed to be a guest judge, are there any limitations on the publicity for the event?

Answer:

Majority opinion

Subject to the requirements of CJC 3.1, CJC 3.7(A) allows a judge to volunteer services or goods at fundraising events sponsored by organizations concerned with the law, the legal system, or the administration of justice, as long as the situation could not reasonably be deemed coercive. Also, CJC 3.7(C) allows a judge to be featured on the program and allows a judge to use his or her title in connection with a fundraising event sponsored by an organization or entity (including educational, religious, charitable, fraternal or civic organizations not conducted for profit) if the event concerns the law, the legal system, or the administration of justice. CJC 3.7 Comment [9] explains that a judge may endorse or participate in projects and programs directly related to the law, the legal system, the administration of justice, and the provision of services to those coming before the courts, and may actively support the need for funding of such projects and programs.

Here, the event is sponsored by the Young Lawyers Association, which is an organization concerned with the law, the legal system, or the administration of justice within the meaning of CJC 3.7. The fundraising aspect of this event will be based on the admission price for the event and a percentage of the food and beverages consumed during the event; the fundraising aspect of the event will not include a direct solicitation of donations. The funds raised will be donated to the Volunteer Lawyers program, which provides pro bono services to clients in need. Because the event is sponsored by an organization concerned with the law, the legal system, or the administration of justice, the proceeds from the event will benefit a program that provides legal free services to those in need, and there is no indication that the judge’s participation would violate CJC 3.1, the judge may volunteer his or her services for the described fundraising event pursuant to CJC 3.7(A).

However, with regard to publicity for the Battle of the Lawyer Bands event which, in and of itself, does not directly concern the law, the legal system, or the administration of justice, the judge should not be featured on the program of or permit his or her title be used in connection with this fundraising event.

Five members of the committee agree with this opinion (Lee, J., Szambelan, J., Price. J., Mr. Roger Wynne and Ms. Callie Dietz.).

Minority Opinion

All members of the committee agree that the Battle of the Lawyer Bands event does not concern the law, legal system or the administration of justice and that there is a fundraising component.  A majority of the committee also agree that CJC 3.7(c) prohibits the judge from allowing his/her title to be used in publicity for the event.  Pursuant to CJC 3.7(c), the judge is also prohibited from being featured on the program.  Without expressly saying so, the majority opinion either finds (1) that limitations of 3.7(c) apply solely to the use of title or that (2) the judge is not featured by being a guest judge, offering commentary on each of the bands and voting on the winner.  The minority dissents and believes the limitations within CJC 3.7(c) apply to each of the activities identified within that section and that the judge is featured and should not participate as indicated.

Two members of the committee agree with this opinion (Hogan, J., and Goodwin, J.).

Opinion 15-04

12/18/2015