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Social, Civic, & Charitable Activities - Ex. 1

Public speaking and governmental activities

Summary

The Code of Judicial Conduct allows judges to participate in social and civic activities and to support charitable causes in numerous ways. But the Code creates rules governing these activities to ensure against any risk to the judge’s appearance of impartiality, any demeaning of the judicial office, or any interference with the proper performance of judicial duties or violation of the law. NMRA 21-500 A.

Public speaking and governmental activities

The Code of Judicial Conduct places restrictions on judges’ ability to perform many governmental functions. This is partly to avoid blurring lines between branches of government. Judges are also limited in what they may say in public, to avoid giving the impression that they have prejudged issues that may come before them.

Exercises

Harry Conway celebrates his election as a magistrate judge. He has been a successful and respected businessman and volunteer in East Fork for many years and is eager to repay his community through this important public service.

Upon his election, Judge-elect Conway wants to examine his social and charitable commitments to determine whether any of them would pose ethical problems. His list of activities and relationships emerges as follows:

  • Member and volunteer of the Elks Club
  • Member of the East Fork Racquet Club,
  • Board member, fundraiser, and volunteer laborer for the local Habitat for Humanity, which builds affordable homes for low-income buyers

Which, if any, of Judge Conway’s charitable and civic activities causes him ethical problems?

1. The Elks, because he can’t pay dues to a civic organization.
There is no problem belonging to a civic or social organization, or paying dues to belong, so long as the organization does not practice discrimination. NMRA 21-200 (C). A judge should always recuse when close friends come before him or her, whether or not they belong to the same organizations. NMRA 21-200 (B). The mere fact that the judge and one party to a case belong to the same organization does not in itself imply that the judge cannot hear the case fairly, although the judge should use his or her own discretion as to whether an improper appearance might arise under the circumstances. NMRA 21-200 (B). A judge may serve on the board of a charitable organization, subject to certain constraints. NMRA 21-500 (C) (3). As a board member, the judge may help to plan fund-raising campaigns and manage organization funds. NMRA 21-500 (C) (3) (b) (i). But the judge may not engage in actual fund solicitation, except from family members and close friends whose cases the judge could never hear anyway, or from other judges over whom he has no supervisory or appellate jurisdiction.
2. The Racquet Club, because he will socialize with people who will probably come before him and appear to give them an unfair advantage.
There is no problem belonging to a civic or social organization, or paying dues to belong, so long as the organization does not practice discrimination. NMRA 21-200 (C). A judge should always recuse when close friends come before him or her, whether or not they belong to the same organizations. NMRA 21-200 (B). The mere fact that the judge and one party to a case belong to the same organization does not in itself imply that the judge cannot hear the case fairly, although the judge should use his or her own discretion as to whether an improper appearance might arise under the circumstances. NMRA 21-200 (B). A judge may serve on the board of a charitable organization, subject to certain constraints. NMRA 21-500 (C) (3). As a board member, the judge may help to plan fund-raising campaigns and manage organization funds. NMRA 21-500 (C) (3) (b) (i). But the judge may not engage in actual fund solicitation, except from family members and close friends whose cases the judge could never hear anyway, or from other judges over whom he has no supervisory or appellate jurisdiction.
3. Habitat for Humanity, because he can’t serve on their board.
There is no problem belonging to a civic or social organization, or paying dues to belong, so long as the organization does not practice discrimination. NMRA 21-200 (C). A judge should always recuse when close friends come before him or her, whether or not they belong to the same organizations. NMRA 21-200 (B). The mere fact that the judge and one party to a case belong to the same organization does not in itself imply that the judge cannot hear the case fairly, although the judge should use his or her own discretion as to whether an improper appearance might arise under the circumstances. NMRA 21-200 (B). A judge may serve on the board of a charitable organization, subject to certain constraints. NMRA 21-500 (C) (3). As a board member, the judge may help to plan fund-raising campaigns and manage organization funds. NMRA 21-500 (C) (3) (b) (i). But the judge may not engage in actual fund solicitation, except from family members and close friends whose cases the judge could never hear anyway, or from other judges over whom he has no supervisory or appellate jurisdiction.
4. Habitat for Humanity, because he can’t raise funds.
There is no problem belonging to a civic or social organization, or paying dues to belong, so long as the organization does not practice discrimination. NMRA 21-200 (C). A judge should always recuse when close friends come before him or her, whether or not they belong to the same organizations. NMRA 21-200 (B). The mere fact that the judge and one party to a case belong to the same organization does not in itself imply that the judge cannot hear the case fairly, although the judge should use his or her own discretion as to whether an improper appearance might arise under the circumstances. NMRA 21-200 (B). A judge may serve on the board of a charitable organization, subject to certain constraints. NMRA 21-500 (C) (3). As a board member, the judge may help to plan fund-raising campaigns and manage organization funds. NMRA 21-500 (C) (3) (b) (i). But the judge may not engage in actual fund solicitation, except from family members and close friends whose cases the judge could never hear anyway, or from other judges over whom he has no supervisory or appellate jurisdiction.