JUDICIAL ETHICS OPINION 2018 v. << (2018)

¶1. QUESTION

The question presented to the Advisory panel asks for an Advisory Opinion from a duly elected District Judge who does not have an opponent and is not involved in the 2018 election process. His question is whether or not his participation as a board member for Parents Helping Parents, Inc. as a 501c3 nonprofit organization, which includes his image, description of his judicial position and a quote from him in a promotional brochure available online, violates any judicial ethical rules.

¶2. ANSWER

No

¶3. DISCUSSION

Parents Helping Parents, Inc. is a nonprofit organization whose mission statement reads as follows: “Through a network of communities, Parents Helping Parents, Inc., provides education, resources, shared experiences and support to parents whose children, no matter the age, are struggling with substance use disorder.” Contained in the brochure is a picture of the District Judge describing him as “Presiding Judge for the Cleveland County Adult Drug Court Program” and quotes him as follows “Substance use affects the individual, but it affects the entire family. Even when things seem like they can't get any worse, patience, compassion, accountability all play together. Just don't give up hope. Parents Helping Parents is a place where you can learn how.”

Our Code of Judicial Conduct, Appendix 4, Section Rule 3.7 provides -“Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities”, subpart (A) allows for “․ a Judge to participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, ․” This rule describes permissible activities and there is no indication the Judge actively solicits membership or funds in his capacity as a Judge.

The organization is a charitable and educational organization related in purpose and mission to the Judge's role as the Presiding Judge of the Cleveland County Adult Drug Court. The organization does not participate politically or appear in court and is not an activity that reflects adversely upon the Judge's independence, integrity, or impartiality.

In this context, participation in an extrajudicial activity must also comply with Rule 3.1. This rule prohibits conduct by participation in activities that interfere with the judicial duties; frequently causes disqualification; places into question the judge's independence, integrity or impartiality; could be considered coercive or, improperly makes use of court premises, staff or court resources.

We find nothing in this Judge's relationship with this organization that violates either Rule 3.1 or Rule 3.7 of the Code of Judicial Conduct.

/s/ The Honorable April Sellers White, (Retired)

Judicial Ethics Advisory Panel Member

/s/ The Honorable Edward C. Cunningham, (Retired)

Judicial Ethics Advisory Panel Chair

/s/ The Honorable William C. Hetherington, (Retired)

Judicial Ethics Advisory Panel Member

/s/ The Honorable Allen McCall, (Retired)

Judicial Ethics Advisory Panel Member

/s/ The Honorable Thomas Landrith, (Retired)

Judicial Ethics Advisory Panel Member