Connecticut Committee on Judicial Ethics
Informal Opinion Summaries
2014-14 (July 28, 2014)
Use of Office; Court
Employees
Rules 1.2, 1.3, 2.12 & 3.1
Issue: May a Judicial Official purchase products
sold by a Judicial Branch employee whom the Judicial
Official does not directly supervise or control?
Additional Facts: The employee is an
independent sales representative for a for-profit
company which sells its products through its
representatives online, in person and at product
parties and demonstrations (such as with Mary Kay,
Avon, Tupperware, Amway products, etc.). The
Judicial Official observed another Judicial Branch
employee with a product that was of interest to the
Judicial Official and the Judicial Official inquired
where the second employee had obtained it. The
second employee advised the Judicial Official that
it was a product of the X company, and provided the
name of the Judicial Branch employee who is a sales
representative for the X company.
Response: Rule 1.2 states that a
judge "should act at all times in a manner that
promotes public confidence in the … impartiality of
the judiciary, and shall avoid impropriety and the
appearance of impropriety. The test for appearance
of impropriety is whether the conduct would create
in reasonable minds a perception that the judge
violated this Code or engaged in other conduct that
reflects adversely on the judge’s honesty,
impartiality, temperament, or fitness to serve as a
judge."
Rule 1.3 states that a judge
"shall not use or attempt to use the prestige of
judicial office to advance the personal or economic
interests of the judge or others or allow others to
do so."
Rule 2.12 (a) states that a
judge "shall take reasonable measures to ensure that
court staff, court officials, and others subject to
the judge’s direction and control act in a manner
consistent with the judge’s obligations under this
Code."
Rule 3.1 states that a Judicial
Official may engage in extrajudicial activities,
except as prohibited by law, but when engaging in
such activities the Judicial Official should not,
inter alia, engage in conduct that would appear to a
reasonable person to be coercive or make use of
court premises, staff, stationery, equipment, or
other resources, except for incidental use or for
activities that concern the law, the legal system or
the administration of justice.
Based upon
the information provided, the Committee unanimously
determined that the Judicial Official is permitted
to purchase items from the Judicial Branch employee
subject to the following conditions:
1. The Judicial Official is charged the same price as other
customers.
2. The purchase and delivery of the
products occur during a non-working period (i.e.
lunch, etc.) for both the Judicial Official and the
Judicial Branch employee.
3. The Judicial Official
does not use state resources, other than incidental
use, in purchasing the products sold by the Judicial
Branch employee.
In reaching its opinion,
the Committee considered an Office of State Ethics
staff opinion noting, inter alia, that "Although the
Code of Ethics does prohibit a state employee from
using his or her position for financial gain, the
Ethics Commission has never held that the sale of
such items [Avon, Mary Kay, Pampered Chef, and Girl
Scout Cookies] in the workplace is prohibited.
What could be a problem under the Code is the sale
of merchandise by a person who supervises a
department, for example, if other employees feel
‘strong armed’ into buying from their boss."
Committee on Judicial Ethics
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