Walking Judge May Serve As Team Captain

A recent opinion from the Florida Judicial Ethics Advisory Committee

ISSUE ONE

May a judge, as a member of the Board of Directors of a District Court of  Appeal Historical Society, encourage others to participate in a walk/run  fundraiser that is sponsored by a bar association when the funds will support  the bar association’s pro bono project?

ANSWER: No, unless the solicitation is limited to judges  over whom the judge exercises no supervisory or appellate authority.

ISSUE TWO

 May a judge  participate in a walk/run fundraiser as a team captain and coordinate logistics  for the team, such as snacks and T-shirts, when the project supports the bar  association’s pro bono projects?

ANSWER: Yes.

Reasoning

Notwithstanding  the Code’s prohibition on direct solicitation of funds, the Code encourages  other participation in activities involving the law, the legal system, and the  administration of justice, when the funds are used for a law related purpose. Therefore,  pursuant to Canon 4D, the inquiring judge may be involved in planning the  event, may be featured in the program as a team captain, and may permit the  judge’s title to be used in conjunction with the event. Furthermore, the Code  permits active participation in the event, such as participating in the  walk/run itself and providing logistical support, such as arranging for  T-shirts and providing concessions.

Therefore,  because this is a function being sponsored by a law related organization, the  fundraiser concerns the law, the legal system, or the administration of  justice, and the funds are used for a law related purpose, the inquiring judge  may participate as a team member and team captain and may otherwise actively  participate in the event, but may not personally or directly solicit others to  participate unless such persons are other judges over whom the judge exercises  no supervisory or appellate authority.

(Mike Frisch)