2008-04 (September 17, 2008)
Gifts; Social Activities;
Ordinary Social Hospitality; Canons 2 & 5
Issue:
May a Judicial Official attend a sold-out baseball game with an attorney
friend using tickets obtained by the attorney’s law firm and in circumstances
where the Judicial Official will pay for his/her ticket and where the firm (but
not the attorney) has previously had cases and is expected to have future cases
before the Judicial Official?
Response:
Based upon
the facts presented, including that the attorney friend does not appear before
the Judicial Official, that other members of the firm will not be present with
the attorney and Judicial Official at the game, and that there are not frequent
transactions between the firm and the Judicial Official, the Committee
unanimously agreed that the Judicial Official could attend the game if the
Judicial Official purchased the ticket at the higher of the face-value or what
the firm paid for the ticket.