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Photography Judge

By Michael Frisch

An opinion from the Massachusetts Committee on Judicial Ethics deals with the propriety of a judge who is a landscape photographer to pursue his avocation:

 Fromyour description of what you intend to do, your periodic donation orsale of the fruits of your creative labor after hours does not producethe dangers against which Section 4D(1) is designed to guard. Youindicate that your involvement in exhibiting, selling or donatingphotographs would be limited to weekend hours, and during approvedvacation time. You also expect that sales and donation will be modestin terms of volume and value. Your primary interest is in creating, notselling, your art. Provided that your activity does not impinge on theperformance of your judicial responsibilities during or after thestandard work day you should be able to exhibit and sell your work inthe manner you have described. (See e.g. CJE Opinion No. 99-14concerning consultation on a television legal drama and CJE Opinion No.2007-3 regarding acting as a softball umpire).

          You should make every effort to ensurethat your judicial title is not used to confer any benefit orremuneration that a private party would not receive. Given thisadmonition you should be circumspect about donating your work tocharitable organizations or public institutions for their fund raisingevents if prospective purchasers are likely to be influenced by yourstatus as a judge. A judge, “shall not use or permit the use of theprestige of judicial office for fund-raising or membershipsolicitation.” Section 4C(3)(iv). As regards your other questions, youshould be able to occasionally sell your work directly or indirectly toprivate parties in or out of state.

(Mike Frisch)

Posted in:
Judicial Ethics and the Courts