2009-38 (December 3, 2009)
Fundraising; Name, Use of; Canon 2
Issue: May a
Judicial Official and his or her spouse pay to be
listed as sponsors in a fundraising program journal
for the benefit of an individual who is seeking
funds to launch a musical career? The Judicial
Official will not be soliciting other donors but
merely wishes to make a contribution, which would be
reflected in the program journal, to be distributed
at an upcoming out of state performance. The
Judicial Official is not related, within the meaning
of the Code of Judicial Conduct, to the musician. If
the judicial official may not be listed with his or
her spouse, may the judicial official’s spouse be
listed without the judicial official?
Response:
Based on the information provided, the Committee
unanimously determined that the Judicial Official
may make a contribution in honor of the musician and
may have his or her name listed along with his or
her spouse in the program of contributors. The
Judicial Official should consider the propriety of
using his or her judicial title in the program
journal to determine whether it implicitly lends the
prestige of judicial office to advance the private
interests of others in violation of Canon 2.