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STATE OF NEVADA
STANDING COMMITTEE ON
JUDICIAL ETHICS AND
ELECTION PRACTICES
DATED: September
30, 2008
OPINION: JE08-012
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PROPRIETY
OF JUDGE PURCHASING A
CONGRATULATORY MESSAGE
IN THE SOUVENIR PROGRAM
FOR A CHARITABLE EVENT
HONORING ANOTHER JUDGE.
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ISSUE
May a
judge purchase space in
a souvenir program for a
charitable event to
congratulate another
judge who is being
honored at the event by
a charitable
organization?
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ANSWER
Yes.
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FACTS
A judge asks whether the
judge may purchase space
in a souvenir program
being printed for an
event sponsored by a
charitable organization
honoring another judge
for the work that judge
has done for the
charity. The message
presented in the space
will congratulate the
honoree for the
honoree's good works on
behalf of the charity.
The judge purchasing the
congratulatory message
in the program is
running for election.
The judge being honored
is not running for
election.
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DISCUSSION
Because
the judge being honored
by the charity is not
running for election, it
is the Committee's
opinion that no issues
are raised under Canon
5, and specifically that
no issues are raised
concerning whether the
purchase of such a
congratulatory message
might be construed as a
public endorsement of
another judicial
candidate. In the
opinion of the
Committee, Canon 4A
applies here. That
Canon provides that:
A judge
shall conduct all of the
judge's extrajudicial
activities so that they
do not:
(i)
cast reasonable doubt on
the judge's capacity to
act impartially as a
judge;
(ii)
demean the judicial
office;
(iii)
interfere with the
proper performance of
judicial duties.
In the
opinion of the
Committee, the purchase
of space in the
charitable
organization's program
for a congratulatory
message does not violate
Canon 4A of the Nevada
Code of Judicial
Conduct.
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CONCLUSION
It is therefore the
opinion of the Committee
that, in these
circumstances, the judge
may purchase space for a
congratulatory message
in a program for an
event honoring another
judge for the work that
judge has done for the
charitable organization.
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REFERENCES
Nevada Code of Judicial Conduct, Canon 4A,
Canon 5.
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__________________
This
opinion is issued by the
Standing Committee on
Judicial Ethics and
Election Practices.
It is advisory only.
It is not binding upon
the courts, the State
Bar of Nevada, the
Nevada Commission on
Judicial Discipline, any
person or tribunal
charged with regulatory
responsibilities, any
member of the Nevada
judiciary, or any person
or entity which
requested the opinion. |
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_______________________
Kathleen M. Paustian,
Esq.
Committee
Vice-Chairperson |
