2009-23 (July 9, 2009)
Event, attendance/appearance; Educational
Activities; Name, Use of; Soliciting Contributions;
Canons 2 & 4
Issue: May a
Judicial Official organize and participate in a law
related educational program on behalf of a general
membership bar association if the bar association
intends to solicit corporate sponsors to underwrite
some or all of the costs of the program? The
solicited sponsors would include law firms and
businesses that currently are, or are likely to be,
engaged in litigation in the Connecticut courts.
Response: The
participating members of the Committee unanimously
determined that the Judicial Official could organize
and participate in the law related education program
provided by a general membership bar organization
where sponsors, including law firms and businesses
appearing or likely to appear before the Judicial
Official are solicited, subject to the following
conditions: (1) the Judicial Official should
prohibit the bar association from using the Judicial
Official’s name or title in soliciting sponsors, (2)
the Judicial Official should not personally
participate in soliciting donors, (3) the Judicial
Official should not discuss any pending or impending
cases in his or her presentation, and (4) the
Judicial Official should be satisfied, after
considering all the circumstances, that a reasonable
person would not believe either that the Judicial
Official had lent the prestige of office to advance
the private interests of others or that the donor
was in a special position to influence the Judicial
Official. The Judicial Official’s consideration
should include, among other circumstances, an
evaluation of (a) the nature of the sponsorships,
e.g. whether there is one or multiple sponsors,
whether the total value of the sponsorship(s) defray
expenses or exceed the cost of the program, etc.,
(b) whether the donors will be present at the event,
and (c) whether the donors are to be recognized and
if so by what method.