No Boxes For You!

An opinion from the South Carolina Advisory Committee on Standards of Judicial Conduct:

RE: Propriety of a probate judge seeking donations of cardboard boxes in order to facilitate the Probate Court’s move to a new facility.

The Probate Court in a particular county is moving to a new facility. The Probate judge has been informed that the judge will need to seek donations of cardboard boxes from local businesses in order to facilitate the move. The judge is concerned that seeking such donations might constitute a violation of the Code of Judicial Conduct.

A Probate Judge may not seek donations of supplies to facilitate the Probate Court’s move to a new facility.

A judge shall not accept a gift or favor from anyone except in connection with a public testimonial, a bar-related function, or activity devoted to the improvement of the law. Canon 4D(5), Rule 501, SCACR. Furthermore, Canon 2.B of the Code of Judicial Conduct, Rule 501, SCACR, provides that a judge shall not lend the prestige of the judicial office to advance the interests of the judge or others. For the judge to seek out donations of boxes from local businesses, the judge would be asking for a gift or favor not related to a public testimonial, a bar-related function, or activity devoted to the improvement of the law. It would also require the judge to lend the prestige of judicial office to advance the interests of the Probate Court and could induce pressure on the local businesses to donate. Thus, the Probate Judge may not seek donations of boxes or other moving supplies to facilitate the move of the Probate Court.

(Mike Frisch)