MAY A JUDGE BROKER THE SALE OF FINAL JUDGMENT,

CASH STREAMS  OR ACCOUNTS RECEIVABLE ?

 

Ethics Opinion 271 (2001)

 

Question:  May a sitting district judge broker the purchase and sale of final judgments, cash streams or accounts receivable?  None of the brokered transactions involve any pre-judgement matters in any Texas court.  The judgments could issue from any Texas court with the exception of the court over which the judge presides.

 

Answer:  No.  The Canons allow a judge to engage in financial and business matters with the limitation that such activity not exploit his or her judicial position or advance his private interest.  The Committee believes that the nature of this business is such that it would be very difficult to conduct it without exploiting the judge's official position  to advance the judge's private interests.  Since the sale of judgments is inextricably intertwined with the judicial function there is at least an appearance of impropriety.

 

 

APPROPRIATE FOR JUDGE TO SEND CORRESPONDENCE STATING,

"IF NO RESPONSE YOU WILL BE LISTED AS MY SUPPORTER"?

 

Ethics Opinion  272 (2001)

 

Question:  Is it a violation of the Canons of Judicial Conduct for a judge to send a letter to attorneys stating, "If I do not hear from you that you do not support me, I will list you on my campaign literature as a supporter"?

 

Answer:  Yes, this would be a violation of the Canons of Judicial Conduct.  Canon 5 (2) (ii) requires that a judge shall not knowingly or recklessly misrepresent the identity, qualification or other fact concerning the candidate.  To assume that no response is an act of support violates this Canon.  Also Canon 1  requiring a judge to uphold the integrity of the judiciary would be violated.

 

 

MAY A FULL-TIME FAMILY COURT ASSOCIATE JUDGE PRESIDE

AS A MUNICIPAL JUDGE OR TEEN COURT JUDGE?

 

Ethics Opinion 273 (2001)

 

Question: May a full-time associate judge hearing family law matters serve as municipal judge and supervise Teen Court for a municipality?

 

Answer: Yes.  There is no violation of the Canons of Judicial Conduct for an associate judge to preside as a municipal judge or supervise "Teen Court."  The Committee is not considering any question of law presented by this question.

 

 

 

 

 

 

IS IT A VIOLATION OF THE JUDICIAL CANONS OF ETHICS FOR A COUNTY JUDGE

TO SERVE ON THE BOARD OF DIRECTORS OF A SHRINE TEMPLE?

 

Opinion 274 (2001)

 

Question:  Is it a violation of the Judicial Canons of Ethics for a county judge who has judicial responsibilities to serve on the board of directors of a Shrine Temple?  The board has administrative functions over the temple.  The judge would not be involved in fund raising or any activities that could be considered  an embarrassment to the office of county judge.

                                                                                  

ANSWER:  No, it would not violate the Canons of Judicial Conduct for a county judge (with judicial responsibilities) to serve on the board of a shrine temple.  Canon 4(c) provides that a judge may participate in civic and charitable activities with certain restrictions.  The service with the organizations must not reflect adversely upon the judge's impartiality or interfere with the performance of judicial duties.  This Canon specifically authorizes a judge to serve on charitable or civic organizations boards:  1. so long as the organization is not likely to come before the judge in a judicial proceeding; 2. the judge does not solicit funds for the organization; or, 3. The judge does not give investment advice to the organization.

 

 See Opinions 158, 189, 245, 249.

 

 

DISTRICT JUDGE AS UNIVERSITY REGENT

 

Opinion 275

 

Question:  May a district judge serve on the board of regents of a state university?  The duties of the board are listed in Texas Education Code, Section 65.01 et. seq. ?

 

Answer: No, a district judge may not serve on the board of regents of a state university.

 

Canon 4H of the Code provides in part:

"A judge should not accept appointment to a governmental committee, commission or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice."

 

The Texas Education Code 65.16 and 65.31 lists the duties of the board to include the employment and supervision of the chief executive officer of the system, and the establishment of  policies for the general management of the university system.   These activities are exactly those prohibited by Canon 4H.

 

The judge should also be mindful of the restrictions of Canon 4A.  This section of the Code provides in part that, "A judge shall conduct all of the judges extra-judicial activities so that they do not... interfere with the proper performance of judicial duties."  If the judge's judicial district includes one of the universities that she would be supervising she would be required to recuse herself in any case involving the university.

 

See also Opinion 246

 

 

                                                                                  

 

JUDGE PRESENTING CLE AT PRIVATE LAW FIRM

                                                                                  

                                                              Ethics Opinion  276 (2001)

 

Question:  May a judge speak at an in-house CLE event sponsored by a law firm?  The audience will consist solely of employees of the law firm. 

 

Answer:  No.  It is the belief of the committee that the presentation by the judge of a CLE program for a private law firm violates 2B of the Code of Judicial Conduct.  Section 2B prohibits a judge from lending the prestige of judicial office to advance the private interests of others.  It also prohibits the judge from allowing anyone to convey an impression that they are in a special position to influence the judge.

 

Question:  If the law firm allows any lawyer not affiliated with the firm who wishes to attend the CLE event to do so without charge, but does not publicize the event, change the answer?

 

Answer:  No, the same reasoning as above applies. With no invitations the CLE remains private.

 

Question:  A judge is invited by a local bar association to speak at a CLE event sponsored by the bar association.  Members can attend at a reduced price from non-members.  The judge is not receiving any money from the entry fee.  By speaking at an event whose entry fee schedule encourages membership in a bar association, is the judge promoting the private interests of that group?

 

Answer:  A judge may speak at such an event.  The event is open to all lawyers and therefore no one group of lawyers is benefitting from the event.

 

Question:  A judge is invited to speak at a CLE event sponsored by a law school.  The law school hopes to make money for their scholarship fund by virtue of the quality speakers they have recruited for the event.  The judge knows this.  By speaking at such an event is the judge lending the prestige of office to the private interests of the law school?

 

Answer: The judge may speak at the law school event.  Canon 4B allows a judge to speak and participate in activities concerning the law.  Canon 4C.(2) allows a judge to be a speaker at an educational organization's fund raising event.

 

 

MAY A JUDGE SIGN AN AFFIDAVIT CERTIFYING AN ATTORNEYS LEGAL PROFICIENCY?

 

                                                              Ethics Opinion 277 (2001)

 

Question:  May a judge sign an affidavit attesting to the competency of an attorney who practices before the judge to be used in a grievance proceeding against the lawyer?

 

Answer:  No.  Canon 2B prohibits the lending of the prestige of judicial office to advance the private interests of another and convey to others the impression that the attorney is in a special position to influence the judge.  In addition, a judge is specifically prohibited from voluntarily testifying as a character witness.  The judge could testify at the grievance hearing if subpoenaed.

 

 

         MAY A JUDGE ACCEPT AN HONORARIUM FROM THE JUSTICE DEPARTMENT

                                           FOR REVIEWING GRANT APPLICATIONS?

 

                                                              Ethics Opinion 278 (2001)

 

Question:  A judge has been asked by the Justice Department to review grant applications (VAWA, violence against women).  The Justice Department indicated they use judges for this all the time and want to pay the judge an honorarium.  May the judge take the honorarium?

 

Answer:  No. Canon 4(B)(2) allows a judge to "make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice."  Canon 4(D)(4) prohibits a judge from accepting a gift, bequest, favor, or loan unless it is from relative or friend on a special occasion, it is not excessive and the donor has no interest that might come before the Court and there is no reasonable perception of an intention to influence the judge.  Penal Code Section 36.07 Acceptance of Honorarium states that a public servant commits an offense if he/she agrees to accept an honorarium in consideration for service that the public official would not have been requested to provide but for the public servant's official duties or position.

 

See Opinions 20, 86, 215.

 

 JUDGE SERVING ON COMMUNITY ASSOCIATIONS

 

 Ethics Opinion 279 (2001)

 

Question:  May a judge serve as an officer of a non-profit neighborhood association?  The purpose of the organization is to promote the well being of the neighborhood by representing the interest of its residents in matters of civic involvement, community interaction, security and physical improvements of its environment.  Service would not involve fund raising.  The organization has never been involved in litigation.