The Ethics Advisory Committee has been asked for its opinion on the questions of whether the Code of Judicial Conduct prohibits a judge from participating, in a seminar in another country the purpose of which is to improve relations between the United States and that country and whether the Code prohibits the judge from attending at the expense of the American organization sponsoring the seminar.

It is the committee's opinion that a judge may participate in such a seminar and may attend at the expense of the American organization sponsoring the seminar as long as the judge's participation does not create the appearance of impropriety, the judge is not required to solicit funds for the organization or give investment or legal advice and the organization is not a party whose interests have or are likely to come before the judge. In addition. reimbursement for expenses must be limited to the actual cost of travel. food. and lodging reasonably incurred by the judge.

The pertinent Canons of the Code of Judicial Conduct are Canon 2,  which enjoins a judge to avoid the appearance of impropriety. Canon 5C(4) which prohibits a judge from accepting a gift, bequest, favor or loan except under specified circumstances and Canon 6B which permits reimbursement for extra-judicial activities permitted by the Code, limited to the actual cost of travel, food, and lodging.

Canon 2 of the Code provides that a judge should avoid impropriety and the appearance of impropriety in all activities. The ABA commentary to Canon 2 states:

Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. He must expect to be the subject of constant public scrutiny. He must therefore accept restrictions on his conduct that might be viewed as burdensome by the ordinary citizens and should do so freely and willingly.

In the present situation. the judge has been asked to participate in a seminar sponsored by an organization located in Washington D.C. The purpose of the seminar is to provide an opportunity for Americans to meet with the policy makers of a foreign country and discuss problems of mutual concern to both countries. With the exception of unscheduled meals and personal expenses, all of the judge's expenses from New York to the foreign country and back will be paid by the organization. In exchange for the payment of expenses, the judge is only required to attend the seminar. The judge is not required to conduct any portion of the seminar or provide any other professional assistance during the seminar.

Under these circumstances, the judges's participation in the seminar would not create an appearance of impropriety. The organization sponsoring the seminar is located in Washington D.C. and is not a Utah organization. The purpose of the seminar is to discuss issues of an international scope rather than domestic or local. It is extremely unlikely that the organization sponsoring the seminar would ever be involved in litigation in the Utah courts or have an interest in an issue submitted to the Utah courts. It is the committee's opinion that the judge's participation in the seminar would not create the appearance of impropriety and is not prohibited by Canon 2 of the Code.

Canon 5 of the Code governs a judge's extrajudicial activities and permits a judge to participate in avocational, civic, charitable financial, and fiduciary activities subject to specified limitations. Canon 5 also prohibits the practice of law and limits a judge's appointment to extra-judicial positions.

In the present situation. the judge has been invited to participate in a seminar, the purpose of which is to improve relations between the United States and another country. The judge's participation is limited to attending the seminar. The judge is not required to conduct any portion of the seminar or provide any other professional assistance during the seminar. The judge's participation will not require that the judge solicit funds on behalf of the organization, give legal advice or financial advice. Accordingly, it is the committee's opinion that the judge's participation in the seminar would not be prohibited by Canon 5.

A separate issue is whether the Code prohibits the judge from accepting the organization's offer to pay the judge's expenses. Canon 5C(4) specifically prohibits a judge from accepting a gift, bequest, favor, or loan unless the donor is not a parry or person whose interests have come or are likely to come before the court. Neither the commentary to the Code of Conduct nor the ABA's opinions interpreting the Code of Conduct provide any guidance as to what constitutes a "gift" for purposes of Canon 5. However, assuming the organization's payment of the judge's expenses is a gift, its acceptance is not prohibited by the Code if the organization is not a party or a person whose interests have or are likely to come before the judge. As discussed above, the organization is located in Washington D.C. and its purpose is to promote better relations between the United States and another country. It is unlikely that the organization would ever be involved in litigation in the Utah courts or would have an interest in any case which came before the Utah courts. Accordingly, it is the committee's opinion that the judge's reimbursement for expenses is not prohibited by Canon 5 since the organization paying the judge 's expenses is not a party or person whose interests have or are likely to come before the judge.

Finally, Canon 6 of the Code expressly permits a judge to receive compensation and reimbursement of expenses for the quasi-judicial and extra-judicial activities permitted by the Code. As discussed above, there is nothing in the Code of Conduct which prohibits a judge's participation in such a seminar and therefore, there is nothing in the Code of Conduct which prohibits a judge from receiving reimbursement for expenses incurred in participating in that seminar. The only limitation is that reimbursement must be limited to the actual cost of travel, food. and lodging reasonably incurred by the judge. Any payment in excess of such an amount is considered compensation.

In summary, it is the committee's opinion that a judge may participate in a seminar to improve relations between the United States and another country and may attend at the expense of the American organization sponsoring the seminar as long as the judge's participation does not create the appearance of impropriety, the judge is not required to solicit funds or give investment or legal advice and the organization is not a party whose interests have or are likely to come before the judge.