OFFICER, AD HOC POLITICAL COMMITTEE

 

Opinion No. 51 (1980)

 

QUESTION: Would I, as a district judge, be in violation of Canon 7* by accepting a position as treasurer of an ad hoc political organization, which confines itself to a "get out the vote" program for all Democratic candidates?

 

ANSWER: Canon 7* is limited to "any candidate for a judicial office."  Since you are not a candidate for reelection, the restraints imposed by that canon are not applicable to you at this time.  Therefore, the mere acceptance by you of the office of treasurer of the organization described in your question would not be in violation of Canon 7.*

However, your acts and activities after you have accepted the office of treasurer may cause you to be in violation of Canon 5B(2),** which, in relevant part, provides:  "A judge should not solicit funds for any...political...organization, or use or permit the use of his office for that purpose, but he may be listed as an officer...of such an organization."

The question asked by you does not set forth the manner in which the ad hoc political organization intends to "get out the vote."  The majority of the Committee is of the opinion that if the nature of the activities of such political organization is to use your name or title in the literature sent out in the solicitation of funds, such activities would be in violation of Canon 5B(2).**  The majority of the Committee is of the further opinion that there would not be a violation of Canon 5B(2)** if you merely accepted the office of treasurer and performed the usual duties of such an office, and your name or title as "Judge" did not appear in the literature or other means of solicitation of money.  Other members of the Committee are of the opinion that the office of the treasurer of any organization, by its very nature, involves soliciting of funds and since a treasurer is so integrally related to soliciting of funds, the acceptance of that office by a judge subject to the Code of Judicial Conduct would be in violation of Canon 5B(2).**

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*Now see Canon 5.

** Now see Canon 4G(2).

 

 

 

 

 

SERVICE ON MHMR BOARD

 

Opinion No. 52 (1980)

 

QUESTION: May a judge serve on the Board of a Mental Health Mental Retardation Center (MHMR)?

 

ANSWER: Canon 5G* of the Code of Judicial Conduct states as follows:  "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," and Canon 5B(1)** states:  "A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him [or her] or will be regularly [or frequently] engaged in adversary proceedings in any court."

The Committee is not wholly aware of all the duties and responsibilities of the office, however, it is of the opinion that if such duties and responsibilities of the office do not contravene Canon 5G* or Canon 5B(1)**, it would not be unethical to serve on the Mental Health Mental Retardation Board.

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* Now see Canon 4H.

** Now see Canon 4C(1).

 

 

ENDORSEMENT OF CANDIDATE

 

Opinion No. 53A (1980)

 

QUESTION: May a judge endorse a specific candidate or candidates?

 

ANSWER: The Code of Judicial Conduct as amended February 19, 1980, does not specifically prohibit a judge from supporting a candidate or candidates, however, the Code in Canon 2B expressly states:  "He (a judge) should not lend the prestige of his office to advance the private interests of others...."  The Code in Canon 1 provides:  "A judge should participate in establishing, maintaining, and enforcing, and should himself observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved."

The Code further states in Canon 2A:  "A judge...should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

The Committee is of the opinion that endorsing a candidate or candidates is within the discretion of a judge provided the nature and type of endorsement does not contravene Canon 1, Canon 2A and Canon 2B of the Code of Judicial Conduct.*

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*Now also see Canon 5(3).

 

 

ENDORSEMENT OF POLITICAL PARTY

 

Opinion No. 53B (1980)

 

QUESTION: May a judge endorse a specific party?

 

ANSWER: The Committee assumes that the question is referring to a political party as distinguished from a specific person.  Canon 5B(2) states*:  "A judge should not solicit funds for any... political...organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director, delegate or trustee of such an organization."

The Committee is of the opinion that since Canon 5B(2)* permits a judge to be an officer, director, delegate or trustee of a political party, that the endorsing of such political party is within the discretion of a judge and does not violate Canon 5B(2)* of the Code of Judicial Conduct.

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*Now see Canon 5 (3).

 

 

DELEGATE TO PARTY CONVENTION

 

Opinion No. 53C (1980)

 

QUESTION: May a judge engage in precinct, county and state party conventions as a delegate?

 

ANSWER: Canon 5B(2)* states:                   

                                    A judge should not solicit funds for any educational, religious, charitable, fraternal, political, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as an officer, director, delegate, or trustee of such an organization.  He should not be a speaker or the guest of honor at an organization's fund-raising event, but he may attend such events.

The Committee is of the opinion that Canon 5B(2)* permits a judge to be a delegate at precinct, county, and state party conventions.

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*Now see Canon 5(3).

 

 

JUDGE AS TRUSTEE

 

Opinion No. 54 (1981)

 

QUESTION: May a judge serve as a trustee on a trust which involves oil and gas properties only where such properties are all located outside the elected district of such judge with one minor exception?

 

ANSWER: No.  Section 5D* of the Code of Judicial Conduct states as follows:  "A judge should not serve as the executor, administrator, trustee, guardian or other fiduciary...."  The Code is quite explicit and since the only exception stated therein pertains to members of a judge's family, which situation is not involved in this question, the Committee is of the opinion that to act as a trustee under the circumstances described would violate Section 5D* of the Code of Judicial Conduct.

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*Now see Canon 4E.

 

 

FUND-RAISING EVENTS

 

Opinion No. 55 (1981)

 

QUESTION: May a judge periodically have fund-raising benefits to pay for (1) campaign costs, (2) living expenses or (3) office expenses?

 

ANSWER: (1) Campaign Costs:  Canon 7* of the Code of Judicial Conduct, which pertains to the political activities of a judge, does not specifically address itself to fund-raising matters to cover campaign expenses; therefore, the Committee is of the opinion that it is not unethical to have fund-raising benefits to raise funds to pay for campaign expenses provided the nature and type of benefit does not, in any manner, compromise the judge in his integrity, his independence in judicial affairs, nor give the appearance of impropriety.

(2) Living Expenses:  The Committee is of the opinion that fund-raising benefits to pay the living expenses of a judge would be unethical.  Canon 5C(1)* of the Code of Judicial Conduct would appear to prohibit such fund-raising events as it states:

            A judge should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties, exploit his judicial position, or involve him in frequent transactions with lawyers or persons likely to come before the court on which he serves.

In addition to the above, to permit such fund-raising events would seem to defeat the purpose and spirit of the Code of Judicial Conduct.

(3) Office Expenses and Overhead:  The Committee is of the opinion that fund-raising benefits for the purpose of raising funds to cover the office expense or office overhead of a judge would be unethical for the same reasons he should not have such benefits to pay for his living expenses.

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*Now see Canons 5 and 4b(1).

 

 

OFF-YEAR FUND-RAISING EVENTS

 

Opinion No. 56 (1981)

 

QUESTION: Does the Code of Judicial Conduct prohibit a judge from having a fund-raising benefit in a year when he is not up for election?

 

ANSWER: The Committee is of the opinion that the Code of Judicial Conduct does not prohibit non-election year fund-raising activity provided the purpose of such fund-raising does not contravene other provisions of the Code.

 

 

 

 

 

 

MEMBERSHIP, ADVISORY BOARD NON-PROFIT CORPORATION

 

Opinion No. 57 (1981)

 

QUESTION: May a judge serve as an advisory board member to a private non-profit corporation whose purpose is to operate a home to house and offer counseling to battered wives?

The Judicial Ethics Committee is informed that the jurisdiction of the court of the judge is limited to misdemeanor cases, that the judge's name will not be used on any corporate stationery, that the judge will act only as an advisor to the corporate board and will not participate in corporate decisions or day-to-day operations of the corporation, and that the judge has never had an assault case involving an assault by a husband on his wife in his court.

 

ANSWER: Canon 5* of the Code of Judicial Conduct, as amended February 19, 1980, states that a judge should regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties. Canon 5B* sets forth the limitations on extra-judicial civic and charitable activities of a judge, as follows:

Canon 5B*      

"Civic and Charitable Activities:  A judge may participate in civic and charitable activities that do not reflect adversely upon his [or her] impartiality or interfere with the performance of his [or her] judicial duties.  A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him [or her] or will be regularly [or frequently] engaged in adversary proceedings in any court.(2) A judge should not solicit funds for any educational, religious, charitable, fraternal, political, or civic organization, or use or permit the use of the prestige of his [or her] office for that purpose, but may be listed as an officer, director, delegate, or trustee of such an organization.  [A judge] should not be a speaker or the guest of honor at an organization's fund-raising events, but he may attend such events.(3) A judge should not give investment advice to such an organization, but may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions."

The Committee is of the opinion that a judge may serve as an advisory member to a private non-profit corporation whose purpose is to operate a home to house and offer counseling to battered wives provided his activities do not contravene the provisions of Canon 5B* of the Code of Judicial Conduct.

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*Now see Canon 4C.

 

 

SOLICITATION OF FUNDS: TEXAS CENTER FOR JUDICIARY

 

Opinion No. 58 (1982)

 

QUESTION: Does a judge subject to the Code of Judicial Conduct of the State of Texas violate the letter or spirit of the Code when, as an authorized representative of the Texas Center for the Judiciary, Inc., he or she solicits contributions for the benefit of the Center from charitable and educational foundations and other donors who would not ordinarily come before the court?

 

ANSWER: The Committee is of the opinion that such conduct would not violate the letter or spirit of the Code of Judicial Conduct.  Participation in worthwhile organizations that depend upon fund-raising for support is a continuing dilemma for judges.  While a judge may serve in a leadership capacity in such an organization, Canon 5B(2)* of the Code of Judicial Conduct prohibits any type of participation, or lending the prestige of judicial office, in soliciting funds no matter how worthy the purpose.

An exception to such activity is wisely provided in Canon 4,** when the purpose of an organization is "devoted to the improvement of the law, the legal system, or the administration of justice."  The Texas Center for the Judiciary, Inc., clearly qualifies under such exception.  Canon 4C** provides that the judge "may 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 4C** also provides that a judge "may assist such an organization in raising funds and may participate in their management and investment, but should not personally participate in public fund-raising activities."It is the interpretation of the Committee that "public fund-raising activities" are those activities aimed at the general public or a large segment thereof.  A more narrow interpretation would render the language "assist such an organization in raising funds" meaningless.

The Committee is of the opinion that Canon 4 permits a judge to present the purposes and financial requirements of the Texas Center for the Judiciary, Inc., to one or more of the prospective donors referred to in the question.  Such a presentation must be in harmony with the spirit of the Code of Judicial Conduct particularly Canons 1 and 2.  The Committee recommends that the judge making such a presentation clearly state that such presentation is made as an authorized representative of the organization and not for the judge personally.

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*Now see Canon 4C(2).

** Now see Canon 4B(2).

 

 

CHAIRMAN, FUND-RAISING EVENTS FOR ANOTHER