OK To Serve Food And Beverages But Not To Serve On Host Committee
The Florida Judicial Ethics Advisory Committee has an opinion
Opinion Number: 2016-20
Date of Issue: November 28, 2016
1. May the inquiring judge serve on a local bar association committee formed to host a golf tournament, which is a fundraising event for the Guardian Ad Litem Foundation, an entity that appears in every dependency case coming before the judge?
ANSWER: No.
2. May the inquiring judge attend the golf tournament and assist with organizational tasks such as setting up the silent auction, serving food and beverages, setting up hole sponsor signs, taking pictures, and other non-fundraising tasks?
ANSWER: Yes.
Reasoning
Canon 5A(1) requires that a judge conduct all extra-judicial activities so that they do not “cast reasonable doubt on the judge’s capacity to act impartially as a judge.” Â Canon 5C(3) permits a judge to serve as an officer, director, trustee or non-legal advisor of an educational, religious, charitable, fraternal, sororal or civic organization not conducted for profit, subject to the limitations and the other requirements of the Code of Judicial Conduct.” However, Canon 5C(3)(a) provides that “[a] judge shall not serve as an officer, director, trustee or non-legal advisor if it is likely that the organization (i) will be engaged in proceedings that would ordinarily come before the judge, or (ii) will be engaged frequently in adversary proceedings in the court of which the judge is a member or in any court subject to the appellate jurisdiction of the court of which the judge is a member.”
Service on the committee charged with the responsibility of raising funds for an entity that appears in every dependency case coming before the inquiring judge “casts reasonable doubt on the judge’s capacity to act impartially as a judge” as prohibited by Canon 5A(1), even if the inquiring judge is engaged in non-fundraising activities as a member of the committee.
Mere attendance at a fundraising event does not violate the Canons. Specifically, Canon 5C(3)(b) permits the inquiring judge to attend the golf tournament and assist with organizational tasks such as setting up the silent auction, serving food and beverages, setting up hole sponsor signs, taking pictures, and other non-fundraising tasks.
Play on! (Mike Frisch)