Opinion No. 96-3

March 6, 1996

TOPIC: Participation of judges in organizational fundraising events.

DIGEST: 1. A judge may not be the speaker at a University scholarship fundraiser.

2. A judge may sit at the head table of a charitable fundraiser.

3. A judge may not introduce the honoree or the speaker at a law school fundraiser.

REFERENCES: Illinois Supreme Court Rule 65B(2) of the Code of Judicial Conduct, Canon 5 (145 Ill.2d R. 65); Illinois Judicial Ethics Committee Opinion Nos. 94-4, 94-7, 94-9, 93-3 and 93-4.

FACTS

The facts are as stated in the three Digest statements above.

QUESTIONS

1. May a judge act as a speaker at a University fundraiser for a scholarship fund?

2. May a judge sit at the head table of a charitable fundraiser?

3. May a judge introduce the honoree or the speaker at a law school fundraiser?

OPINIONS

Question 1

A judge may not be a speaker at a fundraising event. Illinois Supreme Court Rule 65B(2) of the Code of Judicial Conduct, which regulates the civic and charitable activities of judges, prescribes:

A judge should not solicit or permit his or her name to be used in any manner to solicit funds or other assistance for any such organization. A judge should not allow his or her name to appear on the letterhead of any such organization where the stationary (sic) is used to solicit funds... A judge should not be a speaker or the guest of honor at an organization's fund-raising events, but he or she may attend such events.

Illinois Judicial Ethics Committee Opinion No. 93-4 permits a judge to be the speaker or honoree at a dinner which is not intended to be a fundraiser. (And see Illinois Judicial Ethics Committee Opinion No. 93-3 authorizing the use of a judge's name on a letterhead that is not directly used for fundraising but is on incidental material within the mailing packet of the fundraising effort.)

Note too that Rule 65B(2) prohibits the judge from even being "the guest of honor" at an organization's fundraising event, let alone being "a speaker" at the same. It should be noted, however, that Illinois Judicial Ethics Opinion No. 94-4 affirms that Illinois Supreme Court Rule 65C(4)(a) of the Code of Judicial Conduct permits a judge to accept a gift incident to a public testimonial to that judge, but that provision must be read in conjunction with the ban on the judge's being the guest of honor at an organization's fundraising event. And Illinois Judicial Ethics Committee Opinion No. 94-7 recognizes that a judge may accept an award if it is not connected with a fundraising event and provided the acceptance of the award does not undermine public confidence in the integrity and impartiality of the judiciary.

Question 2

A judge may sit at the head table of a charitable fundraiser, such participation is not prohibited by Illinois Supreme Court Rule 65B(2), provided the judge is not "a speaker" or "the guest of honor."

Question 3

A judge may not introduce the honoree or the speaker at a law school fundraiser. An introduction of the honoree or the speaker would contravene the Rule 65B(2) prohibition against the judge being "a speaker" or "the guest of honor" at a fundraising event.