Dunk A Judge

The South Carolina Advisory Committee on Standards of Judicial Conduct opines

FACTS A full-time magistrate is married to the executive director of a non-profit organization. The spouse is holding a fund-raiser and has asked the judge to participate as a volunteer in the dunk tank. The advertising materials for the fund-raiser would not reference the judge’s status as a magistrate, but instead, would have “dunk the spouse of the director” language. The judge would not be required to solicit any funds for the organization.

CONCLUSION A full-time magistrate judge may participate as a volunteer in a dunk tank for a non-profit organization run by the judge’s spouse in these circumstances.

Because

We have previously found that a full-time judge could participate as a dancer in a fundraiser for a religious organization, where the judge would not personally solicit funds and the judge’s title would not be used in promotional materials. See, Op. No. 11-2013. The factual situation presented here is similar to that of Opinion No. 11-2013. Thus, as long as the magistrate complies with the Canon prohibiting personal solicitation of funds, and does not use the prestige of judicial office in the advertising of the fund-raiser, the judge may participate in the fund-raiser as a volunteer in the dunk tank.

(Mike Frisch)