Out To Sea

In the wake (pun intended) of a recent Florida judicial ethics opinion blessing a judge’s participation in a flying school, we have an opinion of the South Carolina Advisory Committee on Judicial Conduct

RE: Propriety of a full-time magistrate participating in a documentary series regarding boating.

FACTS A full-time magistrate inquires into the propriety of participating in a documentary series that involves professional women who love boating. The series includes boater training and safety classes and will highlight unique personalities, achievements, and camaraderie as the boats are maneuvered on the water. The series will also highlight teamwork, induvial strengths, commitment to serving the community, as well as philanthropy, self-improvement, and maintaining healthy and professional relationships. The inquiring judge is in an investor and anticipates compensation if the documentary series is picked up by an agency, cable network, or media outlet.

CONCLUSION A full-time magistrate may participate in a documentary series about women in boating.

Reasoning

…the judge’s participation in a documentary series about women in boating is, in essence, speaking on a non-legal subject. There is little chance that it will harm the integrity or impartiality of the judiciary or interfere with the judge’s judicial duties. However, the judge should avoid discussing matters that affect the judicial system while on camera and must also avoid any reference to her judicial office. In addition, any marketing of the series should not disclose the judge’s position. See, Op. No. 12-2011 (Finding that while a judge may publish and sell an updated edition of a book written by the judge before ascension to the bench, the judge could not state his or her official position in an advertisement to promote the book).

Canon 4H allows a judge to receive compensation for extra-judicial activities permitted by the Code. The compensation should be a reasonable about and not exceed what a person who is not a judge would receive for the same activity.

(Mike Frisch)