1999-03: Judge's name appearing on donors' list for a fundraiser.

Opinion No. 99-3

January 12, 1999

TOPIC: Judge's name appearing on donors' list for a fundraiser.

DIGEST: A judge's name may be included on a list of donors to a fundraiser honoring a retired public defender.

REFERENCES: Illinois Supreme Court Rules 64C and 65B; Illinois Judicial Ethics Committee Opinion Nos. 94-9 and 97-15; and Shaman, Lubet and Alfini, Judicial Conduct and Ethics (1995), p. 289.

FACTS

A group of lawyers is organizing a fundraising dinner to honor a retired public defender. The money raised from the dinner will be used to establish a constitutional law collection at the county law library. A judge has purchased two dinner tickets. The donors' names will be listed in the dinner program and in a newspaper advertisement announcing the results of the fundraising effort.

QUESTION

May a judge's name be included on a list of donors to a fundraising dinner where the proceeds will be used to enhance the county law library's constitutional law collection?

OPINION

The permissible scope of a judge's efforts in assisting charitable or law-related organizations in fundraising is governed by Rules 65B and 64C.

Rule 65B prohibits a judge from soliciting funds or permitting his or her name to be used for solicitation purposes by a civic or charitable organization. The rule also precludes a judge from serving as a speaker or guest of honor at a civic or charitable organization's fundraising event.

Rule 64C permits a judge to assist in the fundraising activities of organizations devoted to the improvement of the law, the legal system, or the administration of justice so long as the judge does not personally participate in public fundraising activities.

Neither Rule prohibits a judge from attending fundraising functions (see Rule 65B(2) and IJEC Opinion Nos. 94-9 and 97-15) or allowing his or her name to be included on a list of donors provided that the list is not used to solicit funds. Here, there is no indication that the dinner program or newspaper advertisement will contain language soliciting funds or be used in a solicitation campaign. Indeed, the dinner program will be distributed at the event and the newspaper ad will appear after the event. Nor is there any indication the judge's name will be selectively emphasized or that the list of donors will be included on invitations to the event.

Lastly, the judge's participation in the fundraising dinner will not adversely reflect on judicial impartiality, interfere with the performance of judicial duties, or involve the judge with an organization that is a frequent litigant. See Rule 65B and Shaman, Lubet and Alfini, Judicial Conduct and Ethics (1995), p. 289.