2009-11 (March 20, 2009)
Event, attendance/appearance; Awards & Honors;
Fundraiser; Advertising; Name, Use of; Canons 2 & 5
Issues: May a
Judicial Official accept an award for excellence in
mediation given by a nonprofit organization that
receives referrals from courts and communities in
the region of Connecticut where the Judicial
Official sits? The award is to be presented during a
ceremony at a dinner event. Also, if the Judicial
Official were to accept the award, may the Judicial
Official permit his or her name to be used in
advertising the event?
Response:
Based upon the facts presented, including that the
Judicial Official does not impact or influence the
mediation program selected by the parties, that the
ticket pricing structure includes three different
levels of patronage (Benefactor $250, Patron $100
and Friend $50), that information obtained regarding
last year’s event suggests that sponsorship
opportunities may be available to individuals and
organizations, that the organization indicated to
ticket purchasers that all but $20 of the ticket
price could be considered an income tax-deductible
contribution, and that the organization uses
fundraising terminology in describing the event, the
Committee unanimously determined that it is
impermissible under Canon 5(b) for the Judicial
Official to accept the award because the event
appears to be a fundraiser, in addition to the
stated purpose of the event as "designed to increase
awareness of mediation for both the general public
and legal professionals".
With respect to the issue
raised regarding the use of the Judicial Official’s
name in advertising, the Committee unanimously
determined that, to avoid any implication that the
Judicial Official, who would be the sole guest of
honor, is lending the prestige of the judicial
office to this particular organization, since it
engages in mediating a substantial number of
court-based cases in the area in which the Judicial
Official is assigned, the Judicial Official should
not allow the use of his or her name for purposes of
advertising such an event. See Canon 2(b).
