State of Washington

Ethics Advisory Committee

Question:

Is a judge permitted to write a letter to prospective law students on behalf of the law school in an effort to further diversity at the law school and in the legal community? The letter would include the judge's personal experience/story about relocating to the city, attending the law school, and practicing law in the community. The letter would be emailed by the law school's admissions department to students who are considering attending the law school.

Answer:

Yes, with limitations. CJC 3.7 provides that judicial officers may speak and participate in activities concerning the law, the legal system, and the administration of justice but such conduct is also subject to the provisions of CJC 3.1. Accordingly, participation in such extrajudicial activities is prohibited if they interfere with the proper performance of the judge's judicial duties, lead to frequent disqualification of the judge with the exception of activities that are expressly allowed under the Code, or if participation would undermine the judge's independence, integrity, or impartiality, or if engaging in such conduct would be coercive or make extrajudicial or personal use of court premises, staff, stationery, equipment, or other resources unless expressly allowed by law. CJC 1.3 provides that a judge shall not abuse the prestige of office to advance the personal or economic interests of others.

EAO 96-06 previously advised that a judge may appear in a law school video that is sent to prospective students and discussing the judge's personal experiences while at the law school because it contributed to the improvement of the legal system and the administration of justice by assisting law schools in recruiting the most qualified individuals into the legal profession.

In the facts presented, the judge is contemplating writing a letter which is to be sent to prospective students of a law school. The contents of the letter would be based on the judicial officer's personal experience while attending the law school and practicing law in the same community. The committee finds that the facts presented in this question are similar to EAO 96-06: (1) that recruitment of law school students is directly related to improving the law, the legal system, and the administration of justice; (2) that the letter will be sent to prospective law students only and is not associated with general fundraising efforts; and (3) that the judge is speaking about their personal experience during their time as a law student and practicing law in the same community.

If the judicial officer can write the letter under the above conditions and ensure that the use of such a letter will only be used in the recruitment of law students, the judge can participate.

Opinion 21-02

04/13/2021