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)