Skip to content
A Member of the Law Professor Blogs Network

Safe At Home

A judicial ethics opinion from South Carolina addresses this question

A full-time Magistrate  judge inquires into the propriety of serving  as the head baseball coach for a high school or an American Legion team.   The high school team is funded by the school  district which also pays the coach’s salary.   The high school team is also supported by a booster club that has  fund-raising projects.  The American  Legion team is funded by donations and  sponsors, and the judge’s coaching position is an unpaid, volunteer position.  The judge does not solicit sponsors or  donations.  The team’s general manager handles  all donations, sponsors, and bookkeeping.   However, the team does hold several fund-raisers, for which the judge  participates in planning and operations.   One fund-raiser was a golf tournament for which a flyer was produced  asking for hole sponsorship; the judge’s name (with no reference to judicial  office) was one of several others listed as persons to contact regarding the  tournament. 

It’s OK with a caveat

Here, if the judge  does continue employment with the high school, the judge should not actively  solicit funds on behalf of the booster club, though the judge may assist the  booster club in planning fund-raisers.  If the judge observes the Canons on  fund-raising, there is no violation against employment as a high school  baseball coach.

  As the coach for the American Legion  team, it appears that the judge would only be involved in planning the  fund-raisers, and not in any active solicitation. Moreover, the flyer listing  the judge as one of the tournament organizers for the legion team is akin to  the use of letterhead for fund-raising and, since the judge’s office is not  included on the flyer, there is no violation of the Canons.  Therefore, the judge may serve as an unpaid  volunteer coach for an American Legion baseball team, provided that the judge  continue to observe the limitations on fund-raising.

(Mike Frisch)