2010-31 (November 9, 2010)
Soliciting Contributions; Fundraising; Name, Use of
Canons 2 & 4
New Code of Judicial Conduct
(effective 1-1-11): Rules 1.2, 1.3, 3.1 & 3.7
Issue: May a
Judicial Official lend his or her name to a campaign
whose purpose is to solicit existing members of a
law related organization to provide additional funds
to become sustaining members of the organization?
Response:
Based upon the facts presented, including that the
solicitation is directed to existing members of the
organization to request they provide additional
funds to the organization, the solicitation was
deemed to be a request to make a contribution of
funds and not a membership solicitation. Under the
existing Code, such requests are proscribed.
Effective January 1, 2011, Rule 3.7(A)(2) of the new
Code will permit a Judicial Official to solicit
contributions for such an organization, but only
from members of the Judicial Official’s family, as
defined in the new Code,2 or from Judicial Officials
over whom the soliciting Judicial Official exercises
no supervisory or appellate authority. As a result,
under the new Code the Judicial Official may not
engage in a general solicitation of funds on behalf
of the organization.
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2 “Member of the judge’s family” is
defined in the new Code as meaning “any relative of
a judge related by consanguinity within the third
degree as determined by the common law, a spouse or
domestic partner or an individual related to a
spouse or domestic partner within the third degree
as so determined, including an individual in
an adoptive relationship within the third degree.”
