The Ethics Advisory Committee has been asked for its opinion on the question of whether the Code of Judicial Conduct permits Judicial participation in an educational seminar sponsored by the College of Law Alumni Association.

It is the committee's opinion that the Code prohibits a judge from participating in an educational seminar sponsored by the College of Law Alumni Association where the seminar is organized andplanned to generate proceeds which are used to fund other Association activities.

According to the judge, the Alumni Association sponsors a Court Practice Seminar each spring to members of the bar for CLE credit. The seminar is taught by judges and lawyers on a voluntary basis. The Alumni Association charges participants a registration fee which is intended to cover the actual costs of the seminar. In the past, however, the registration fees have exceeded the actual costs of the seminar and the balance of those funds have been used to subsidize other Association projects.

Canon 4(A) of the Code of Judicial Conduct provides that subject to the proper performance of judicial duties, a judge may speak, write, lecture, teach and participate in other activities concerning the law, the legal system and the administration of justice provided the activity does not cast doubt on the judge's capacity to decide impartially any issue that may come before the Court. The Commentary to the ABA's Canon 4 states:

As a judicial officer and person specially teamed in the law, a judge is in a unique position to contribute to the improvement of the law, the legal system. and the administration of justice ... To the extent that his time permits. he is encouraged to do so, either independently or through a bar association judicial conference, or other organization dedicated to the improvement of the law.

This committee has previously held that the Code of Judicial Conduct permits a judge to participate in teaching activities consistent with the limitations set forth in Canon 4. Informal Opinion No. 89-9.

In the present case, the seminar in question deals with "Court Practice", and thus. is clearly a subject which concerns the law, the legal system and the administration of justice. Judicial participation would be limited to preparation and teaching on a one-time basis and therefore. would not require such a commitment of time that it would interfere with the performance of judicial duties. The subject matter of the course -- "Court Practice" would consist of general information concerning practice and procedure in Utah courts. Thus, judicial participation in the seminar is not likely to cast doubt on a judge's ability to decide impartially any issue which may come before the court. Accordingly, under Canon 4A, a judge would be permitted to participate in an educational seminar sponsored by the Alumni Association.

Canons 4C and 5B, however, contain additional limitations on a judge's ability to participate in educational activities. Canon 4C provides:

A judge may serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system. or the administration of justice which may include a constitutional revision commission and may assist such an organization in raising funds and may participate in their management and investment, and should not personally participate in public fund-raising activities. (Emphasis added).

Canon 5B provides in pertinent part:

Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon impartiality or interfere with the performance of judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable. fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:

. . .

(2) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civil organization, or use or permit the use of the prestige of the judicial office for that purpose, but may be listed as an officer, director, or trustee of such an organization.

In Informal Opinion No. 90-6, this committee noted the distinctions between the Canon 4 and Canon 5 prohibitions as they apply to fundraising on behalf of a Law School Alumni Association. The committee recognized that while Canon 4 allows a judge to assist a quasijudicial organization in raising funds and prohibits only personal participation in public fundraising activities, Canon 5 absolutely prohibits a judge from soliciting funds and from using or permitting the use or prestige of the judicial office for that purpose.

The committee went on to state that because the alumni association had characteristics of both a Canon 4 and Canon 5 organization, the committee felt that compliance with the more rigorous standard set forth in Canon 5 was preferable. The committee reasoned that the Canon 5 standard was more appropriate where the alumni association's membership consisted primarily, if not exclusively, of attorneys since attorneys are particularly susceptible to feeling coerced by the judicial office.

In the present case, the College of Law Alumni Association sponsors the Court Practice Seminar for the members of the bar. Historically, the registration fees for the seminar have exceeded the actual costs of the seminar and the balance of those proceeds have been used to subsidize other Association sponsored projects. Although the Code does not specifically define the term "fundraising activity," it is the committee's opinion that where the proceeds from the Court Practice Seminar are used to fund other Association sponsored projects, the Court Practice Seminar constitutes a fundraising activity. Accordingly, judges are prohibited from personally participating in the Court Practice Seminar or from using the prestige of their judicial office to promote that activity.

The charitable and educational nature of the Alumni Association generally, and the Court Practice Seminar specifically, do not change this result. In Informal Opinion No. 89-8, this committee concluded that the Code prohibits judicial participation in fundraising activities the purpose of which is to raise funds for educational and charitable purposes. The committee stated that this "prohibition includes participation in a dunking booth at a bar convention or at a midwinter meeting for the bar, where the proceeds would be used to establish drug prevention programs in the schools."

Accordingly, it is the committee's opinion that the Court Practice Seminar is a "fundraising activity" as that term is used in the Code; that the Code prohibits judicial participation in fundraising activities even where the funds are used for educational or charitable purposes; and that the Code's prohibition includes participation in a Court Practice Seminar sponsored by an Alumni Association where the proceeds from the seminar are used to fund other Association sponsored events.

Conclusion

It is the committee's opinion that the Code prohibits a judge from participating in an educational seminar sponsored by the College of Law Alumni Association where the seminar is organized and planned to generate proceeds which are used to fund other Association activities.