JUDICIAL CONDUCT INFORMATION SERVICE. December December Advisory opinion subject index

Transcription

1 JUDICIAL CONDUCT INFORMATION SERVICE December December 1995 Advisory opinion subject index EX PARTE COMMUNICATIONS, CASE MANAGEMENT, APPOINTMENTS, NEPOTISM, AND STAFF ISSUES Alabama Advisory Opinion (ex parte communication with another judge) (2/95) Alabama Advisory Opinion (ordering defendant to drivers education center) (2/95) Alabama Advisory Opinion (refusing to handle domestic violence cases) (2/95) Alabama Advisory Opinion (sentencing defendant to DUI school taught by judge s bailiff) (2/95) Arizona Advisory Opinion (court administrator soliciting funds; court providing information on charity drive) (6/95) Arizona Advisory Opinion 95-6 (traffic hearing officer sitting in municipality where spouse is mayor and city council member) (6/95) D.C. Advisory Opinion No. 1 (law clerk s seeking future employment) (2/95) Florida Advisory Opinion (handling pro se litigant) (2/95) Florida Advisory Opinion (whether judicial assistant is bound by code) (6/95) Florida Advisory Opinion (judicial assistant participating in fund-raising) (6/95) Georgia Advisory Opinion 199 (spouse of partner of part-time judge serving as director of courtappointed special advocates program) (12/94) Illinois Advisory Opinion 95-1 (reporting judicial misconduct) (4/95) Kansas Advisory Opinion JE-54 (serving as mediator after entering ex parte order) (2/95) Louisiana Advisory Opinion 126 (1995) (employing stepparent) (10/95) Nebraska Advisory Opinion 95-1 (whether clerk magistrate is bound by code) (6/95) New Mexico Advisory Opinion 91-2 (agreement by judges on sentencing) (6/95)

2 New Mexico Advisory Opinion 93-3 (forms for litigants) (6/95) New Mexico Advisory Opinion 94-4 (court reporter holding position of chair of county political party) (6/95) New Mexico Advisory Opinion 94-6 (firm in case is future employer of law clerk) (6/95) New Mexico Advisory Opinion 95-3 (court granting permission to photographer to display court s photograph) (8/95) New York Advisory Opinion (part-time law clerk serving as school board member, etc.) (4/95) New York Advisory Opinion (commenting on pending case) (4/95) New York Advisory Opinion a (board of judges represented on a pro bono basis) (4/95) New York Advisory Opinion (attending training session sponsored by law enforcement agency)(4/95) New York Advisory Opinion (membership in political party by clerk)(4/95) New York Advisory Opinion (notice of pre-trial conference conducted by district attorney) (4/95) New York Advisory Opinion (federal court has held that proceedings are sham)(4/95) New York Advisory Opinion (responding to mail)(4/95) New York Advisory Opinion (cases in which spouse of clerk appears as attorney)(4/95) South Carolina Advisory Opinion (disciplinary responsibilities) (2/95) South Carolina Advisory Opinion (order to attorney to prepare order in case) (2/95) South Carolina Advisory Opinion (order to attorney to prepare order in case) (2/95) South Carolina Advisory Opinion (judge s office in building shared by former law partner) (8/95) South Carolina Advisory Opinion (judge s law clerk participating in charitable fundraising) (10/95) 2

3 South Dakota Advisory Opinion 90-1 (signing uncontested orders presented by judge s uncle) (6/95) Tennessee Advisory Opinion 92-8 (sanction hearing initiated by judge)(4/95) Tennessee Advisory Opinion 95-2 (deputy sheriff and clerk in business of videotaping dispositions) (2/95) Tennessee Advisory Opinion (handling cases from which judge is disqualified)(4/95) Tennessee Advisory Opinion 91-6 (contribution to court-operated benevolent fund in lieu of fine) (4/95) Tennessee Advisory Opinion 92-2 (appointing public defender who says caseload will prevent adequate representation)(4/95) Tennessee Advisory Opinion 92-7 (leave of absence for staff member to serve as campaign manager for candidate) (4/95) Tennessee Advisory Opinion 92-9 (instructing commissioner to issue arrest warrant)(4/95) Tennessee Advisory Opinion 95-9 (judge dismissing own parking tickets) (12/95) Tennessee Advisory Opinion (approving workers compensation settlement order) (12/95) Texas Advisory Opinion 161 (appointing another judge as mediator) (2/95) Texas Advisory Opinion 173 (ex parte communication) (2/95) Texas Advisory Opinion 175 (appointing same person as master and investigator) (2/95) Texas Advisory Opinion 178 (part-time office at state law school)(4/95) Texas Advisory Opinion 182 (1995) (appointing brother-in-law to juvenile advisory council) (6/95) Washington Advisory Opinion (pro tempore judges performing weddings) (8/95) West Virginia Advisory Opinion (February 21, 1995) (procedures for uncontested divorces) (2/95) West Virginia Advisory Opinion (November 5, 1990) (magistrate clerk continuing to serve after spouse becomes a judge)(4/95) 3

4 West Virginia Advisory Opinion (November 11, 1991) (spouse of magistrate s assistant acting as process server) (4/95) West Virginia Advisory Opinion (November 5, 1995) (judge whose spouse is a family law master hearing uncontested divorces)(4/95) West Virginia Advisory Opinion (March 29, 1991) (accepting gratuity for wedding; accepting gifts for court of equipment)(4/95) West Virginia Advisory Opinion (January 5, 1993) (employing spouse of sibling as magistrate assistant)(4/95) West Virginia Advisory Opinion (court reporter accepting use of condominium from attorney) (4/95) West Virginia Advisory Opinion (September 3, 1993) (members of shorthand reporter s association soliciting lawyers for funds for the purchase of equipment for use in courts)(4/95) West Virginia Advisory Opinion (February 25, 1994) (appointing nephew by marriage to represent indigent persons)(4/95) West Virginia Advisory Opinion (February 25, 1995) (bar association contributing funds to purchase office equipment for court)(4/95) West Virginia Advisory Opinion (February 25, 1994) (appointing spouse of family law master as law librarian)(4/95) West Virginia Advisory Opinion (December 12, 1994) (placing juveniles in program provided by corporation that employs spouse) (4/95) West Virginia Advisory Opinion (June 14, 1995) (cases involving judge s assistant s son-in-law) (6/95) West Virginia Advisory Opinion (November 3, 1995) (assistant acting as notary) (12/95) West Virginia Advisory Opinion (December 13, 1995) (assistant signing orders) (12/95) West Virginia Advisory Opinion (December 13, 1995) (child on appointment list) (12/95) U.S. Advisory Opinion 91 (1994) (staff soliciting funds from vendors who conduct business with court) (12/95) 4

5 DISQUALIFICATION FORMER EMPLOYER, LAW FIRM, PARTNER, OR ASSOCIATE INVOLVED IN CASE D.C. Advisory Opinion 2 (judge s spouse is police commander, judge was police officer and assistant U.S. attorney) (2/95) Illinois Advisory Opinion 95-6 (former law partner) (6/95) Michigan Advisory Opinion JI-100 (April 7, 1995) (client of former firm) (8/95) New Mexico Advisory Opinion 89-6 (former partner or associate) (6/95) New Mexico Advisory Opinion 95-4 (former law partner) (8/95) New York Advisory Opinion (former law firm)(4/95) Ohio Advisory Opinion 95-3 (former law partner)(4/95) Utah Informal Advisory Opinion 94-4 (judge shared office with guardian ad litem) (12/95) West Virginia Advisory Opinion (November 11, 1991) (former partner)(4/95) DISQUALIFICATION JUDGE IS FORMER PROSECUTOR, PUBLIC DEFENDER, OR GOVERNMENT ATTORNEY Alabama Advisory Opinion (judge served as assistant district attorney during first trial) (2/95) Arizona Advisory Opinion 95-3 (judge once represented defendant; defendant represented by public defender s office at which judge once worked) (6/95) D.C. Advisory Opinion 2 (judge s spouse is police commander, judge was police officer and assistant U.S. attorney) (2/95) Illinois Advisory Opinion (former assistant public defender) (10/95) Kansas Advisory Opinion JE-53 (judge is former assistant city attorney) (2/95) New Mexico Advisory Opinion 90-2 (judge had been chief deputy district attorney) (6/95) South Carolina Advisory Opinion (government office that formerly employed judge) (6/95) 5

6 Utah Informal Advisory Opinion 94-4 (judge shared office with guardian ad litem) (12/95) Washington Advisory Opinion 95-1 (judge used to work in legal service program and spouse currently does so) (2/95) Washington Advisory Opinion (former prosecutor) (10/95) Washington Advisory Opinion (former child advocate) (12/95) West Virginia Advisory Opinion (January 5, 1993) (judge is former prosecutor)(4/95) West Virginia Advisory Opinion (September 17, 1993) (defendant had been defendant in criminal proceedings while judge was prosecuting attorney)(4/95) West Virginia Advisory Opinion (August 9, 1994) (judge is former child advocate)(4/95) DISQUALIFICATION FORMER CLIENT Arizona Advisory Opinion 95-3 (judge once represented defendant; defendant represented by public defender s office at which judge once worked) (6/95) Florida Advisory Opinion (divulging that defendant used a different name when judge represented him or her) (10/95) Michigan Advisory Opinion JI-100 (April 7, 1995) (client of former firm) (8/95) West Virginia Advisory Opinion (August 10, 1994) (judge had been guardian ad litem for parties)(4/95) DISQUALIFICATION FAMILY RELATIONSHIP TO ATTORNEY Alabama Advisory Opinion (attorney is member of same law firm as judge s sibling) (2/95) Arkansas Advisory Opinion 95-2 (attorney shares office space with judge s sibling) (4/95) Kansas Advisory Opinion JE-55 (judge s spouse shares office with attorney) (2/95) Illinois Advisory Opinion 95-9 (judge s spouse is secretary in state s attorney s office) (6/95) Michigan Advisory Opinion JI-101 (June 6, 1995) (spouse is assistant prosecuting attorney) 6

7 (8/95) New Mexico Advisory Opinion 91-1 (spouse is attorney in public defender s office) (6/95) New York Advisory Opinion (cousin-in-law appears as attorney)(4/95) South Carolina Advisory Opinion (magistrate s child represents a party; remittal) (2/95) South Carolina Advisory Opinion (judge s child is lawyer is uncontested matter; attorney is from same firm as judge s relative) (2/95) South Dakota Advisory Opinion 90-1 (signing uncontested order presented by uncle) (6/95) Tennessee Advisory Opinion 95-4 (law firm in which judge s child practices) (10/95) Utah Informal Advisory Opinion 92-3 (law firm employs judge s father of counsel ) (12/95) Utah Informal Advisory Opinion 94-6 (spouse is assistant attorney general) (12/95) Washington Advisory Opinion 95-1 (judge used to work in legal service program and spouse currently does so) (2/95) West Virginia Advisory Opinion (January 20, 1995) (lawyer engaged to judge s child) (2/95) West Virginia Advisory Opinion (March 5, 1993) (law firm employs judge s child)(4/95) West Virginia Advisory Opinion (September 2, 1994)(judge s child represented one of the parties)(4/95) West Virginia Advisory Opinion (August 15, 1995) (child is working at law firm) (8/95) West Virginia Advisory Opinion (November 3, 1995) (child is paralegal attorney general s office) (12/95) West Virginia Advisory Opinion (December 15, 1995) (charging grand jury and petit jury panel when child is counsel) (12/95) West Virginia Advisory Opinion (January 20, 1995) (lawyer engaged to judge s child) (2/95) West Virginia Advisory Opinion (April 12, 1993) (judge is married to attorney s employee)(4/95) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO ATTORNEY 7

8 Alabama Advisory Opinion (joint ownership of property with attorney) (2/95) New York Advisory Opinion (attorney sits on bar association judicial screening committee)(4/95) Tennessee Advisory Opinion 92-1 (judge had romantic relationship with attorney) (4/95) Utah Informal Advisory Opinion 94-4 (judge shared office with guardian ad litem) (12/95) West Virginia Advisory Opinion (March 29, 1991) (attorney rents space from corporation in which judge is stockholder) (4/95) West Virginia Advisory Opinion (March 1, 1993) (attorney who is shareholder with judge in corporation)(4/95) DISQUALIFICATION FAMILY RELATIONSHIP TO PARTY OR WITNESS D.C. Advisory Opinion No. 2 (judge s spouse is police commander, judge was police officer and assistant U.S. attorney) (2/95) New Mexico Advisory Opinion 91-4 (spouse is employed by public schools) (6/95) New York Advisory Opinion (sister-in-law is member of school board)(4/95) New York Advisory Opinion (judge s spouse is police lieutenant)(4/95) New York Advisory Opinion (proceedings initiated by officer married to sibling-inlaw)(4/95) New York Advisory Opinion (plaintiff is member of town council; defendant s spouse is member of the council)(4/95) New York Advisory Opinion (judge s spouse is member of village board)(4/95) South Carolina Advisory Opinion (magistrate married to sheriff s deputy) (2/95) South Carolina Advisory Opinion (magistrate s spouse and in-law have bail bond business) (12/95) Washington Advisory Opinion (agency employs judge s spouse)(4/95) 8

9 West Virginia Advisory Opinion (September 23, 1992) (prosecutor employs judge s spouse)(4/95) West Virginia Advisory Opinion (March 1, 1993) (sibling is testifying)(4/95) West Virginia Advisory Opinion (December 12, 1994)(party is employer of judge s stepson)(4/95) West Virginia Advisory Opinion (April 5, 1995) (magistrate assistant s child is bondsman)(4/95) West Virginia Advisory Opinion (May 16, 1995) (spouse is employed by state police) (6/95) West Virginia Advisory Opinion (August 18, 1995) (child is state trooper) (8/95) U.S. Advisory Opinion 90 (1994) (investigating to see if relative fits within class definition) (12/95) DISQUALIFICATION NON-FAMILIAL RELATIONSHIP TO LITIGANT Alabama Advisory Opinion (mother-in-law is in nursing home owned by same corporation that owns nursing home that is a party) (2/95) Alabama Advisory Opinion (judge s ex-spouse has sued hospital on behalf of judge s child) (2/95) Florida Advisory Opinion (judge is shareholder in corporation that may become involved in litigation against the state) (6/95) Florida Advisory Opinion (divulging that defendant used a different name when judge represented him or her) (10/95) New Mexico Advisory Opinion 89-7 (son-in-law is stockholder in firm) (6/95) New York Advisory Opinion (judge who is professor presiding over cases involving students)(4/95) New York Advisory Opinion (litigant is member of town board)(4/95) Tennessee Advisory Opinion 93-1 (clerk is a party)(4/95) Washington Advisory Opinion 95-2 (judge is former member of city council and mayor) (2/95) West Virginia Advisory Opinion (December 9, 1994)(insurance carrier insured persons who 9

10 caused accident with judge)(4/95) DISQUALIFICATION ATTORNEY IS JUDGE S TENANT New York Advisory Opinion (attorney shares space with co-judge)(4/95) Tennessee Advisory Opinion 91-7 (attorney rents office space from judge)(4/95) DISQUALIFICATION POLITICAL OPPONENT OR SUPPORTER Georgia Advisory Opinion 204 (1995) (announced opponent of judge) (12/95) New York Advisory Opinion (judge s campaign manager)(4/95) South Carolina Advisory Opinion (attorney endorsed judge) (2/95) West Virginia Advisory Opinion (December 13, 1995) (members of judge s campaign committee) (12/95) DISQUALIFICATION PARTY OR ATTORNEY FILES COMPLAINT OR SUIT AGAINST JUDGE; JUDGE FILED COMPLAINT AGAINST ATTORNEY Florida Advisory Opinion (complaint) (6/95) Illinois Advisory Opinion 95-5 (suit) (4/95) New Mexico Advisory Opinion 89-9 (criminal complaint) (6/95) New York Advisory Opinion (complaint)(4/95) New York Advisory Opinion (complaint)(4/95) North Dakota Advisory Opinion 93-1 (complaint) (2/95) Tennessee Advisory Opinion 94-4 (suit)(4/95) Texas Advisory Opinion 172 (suit) (2/95) DISQUALIFICATION STAFF RELATIONSHIPS 10

11 Alabama Advisory Opinion (court reporter s spouse s law firm) (2/95) Alabama Advisory Opinion (bailiff s spouse s law firm) (2/95) Arkansas Advisory Opinion 95-6 (attorney is uncle of judge s secretary) (12/95) New Mexico Advisory Opinion 94-6 (law clerk has accepted employment with firm) (6/95) New York Advisory Opinion (attorney and court reporter are married)(4/95) New York Advisory Opinion (attorney is married to chief clerk)(4/95) Tennessee Advisory Opinion 93-1 (clerk is a party)(4/95) West Virginia Advisory Opinion (March 9, 1995) (judge s secretary used to work for prosecuting attorney)(4/95) West Virginia Advisory Opinion (June 14, 1995) (matters involving judge s assistant s son-inlaw) (6/95) DISQUALIFICATION ATTORNEY REPRESENTS JUDGE OR FAMILY Florida Advisory Opinion (attorney represented judge eight years ago) (6/95) Florida Advisory Opinion (attorney represented judge a year earlier) (6/95) Illinois Advisory Opinion 95-2 (lawyer retained by judge) (4/95) Michigan Advisory Opinion JI-102 (1995) (lawyer previously represented judge or member of judge s family) (8/95) New Mexico Advisory Opinion 89-8 (attorney also represents district judges in suit against county board) (6/95) New York Advisory Opinion (attorneys consulted by judge)(4/95) New York Advisory Opinion (attorneys representing board of judges)(4/95) New York Advisory Opinion (law firm representing judge)(4/95) Tennessee Advisory Opinion 91-4 (law firm represents judge s spouse s business)(4/95) Tennessee Advisory Opinion 93-6 (attorney represented judge)(4/95) 11

12 Tennessee Advisory Opinion 94-1 (attorney represented judge)(4/95) Washington Advisory Opinion (attorney is representing judge)(4/95) West Virginia Advisory Opinion (September 5, 1990) (attorney is preparing judge s will)(4/95) DISQUALIFICATION RULE OF NECESSITY Alabama Advisory Opinion (rule of necessity) (2/95) DISQUALIFICATION -- PART-TIME JUDGE New York Advisory Opinion (firm with which part-time judge is employed)(4/95) New York Advisory Opinion (arresting officer is client of part-time judge)(4/95) New York Advisory Opinion (part-time judge is also high school teacher)(4/95) New York Advisory Opinion (attorney shares space with co-judge)(4/95) New York Advisory Opinion (part-time judge employed by law firm)(4/95) West Virginia Advisory Opinion (June 16, 1993)(part-time judge s law partner is assistant prosecuting attorney)(4/95) DISQUALIFICATION MISCELLANEOUS Alabama Advisory Opinion (judge solemnized marriage) (2/95) Florida Advisory Opinion 95-9 (judge issued challenged temporary injunction or search warrant) (6/95) New York Advisory Opinion (former hearing examiners)(4/95) New York Advisory Opinion (bar association opinion states that attorney should not appear before judge)(4/95) New York Advisory Opinion (village attorney appears)(4/95) 12

13 Tennessee Advisory Opinion 91-5 (one of parties is an attorney)(4/95) Tennessee Advisory Opinion 92-4 (attorney damaged judge s personal property)(4/95) Tennessee Advisory Opinion 93-5 (one of the parties has threatened judge)(4/95) REMITTAL South Carolina Advisory Opinion (magistrate s child represents a party; remittal) (2/95) North Dakota Advisory Opinion 91-2 (who needs to agree to remittal) (2/95) 13

14 COMMUNITY ACTIVITIES; SERVICE ON BOARDS, ETC. Alabama Advisory Opinion (shelter for victims of domestic violence) (2/95) Alabama Advisory Opinion (juvenile justice fund) (2/95) Alabama Advisory Opinion (marketing advisory council of local junior college) (2/95) Arizona Advisory Opinion 95-2 (defense attorneys association and chamber of commerce) (6/95) Arizona Advisory Opinion 95-5 (board of directors of council that monitors allocation of funds to social service agencies) (6/95) Arkansas Advisory Opinion 95-3 (advisory committee of public college)(4/95) Florida Advisory Opinion (governor s task force on domestic violence) (6/95) Florida Advisory Opinion (member of academy of trial lawyers) (6/95) Florida Advisory Opinion (not-for-profit corporation that restores historical artifacts) (12/95) Florida Advisory Opinion (committee that oversees the county drug and alcohol abuse program) (12/95) Florida Advisory Opinion (health and human services board) (12/95) Georgia Advisory Opinion 201 (family violence protocol task force)(4/95), revised (8/95) Georgia Advisory Opinion 202 (1995) (board that hears ethics complaints against public officials) (8/95) Illinois Advisory Opinion (organization that trains guardian ad litems) (8/95) Kansas Advisory Opinion JE-56 (board of education) (8/95) Kansas Advisory Opinion JE-59 (committee on justice center design) (12/95) Missouri Advisory Opinion 164 (state advisory council for alcohol and drug rehabilitation programs)(4/95) New Mexico Advisory Opinion (chair of state university committee) (6/95) New Mexico Advisory Opinion 90-9 (board of regents of state educational institution) (6/95) 14

15 New Mexico Advisory Opinion 91-3 (veteran center advisory board) (6/95) New Mexico Advisory Opinion 95-2 (advisory board of non-profit organization that provides support for crime victims) (6/95) New York Advisory Opinion (committee that seeks ways to reduce violence)(4/95) New York Advisory Opinion (natural resources council)(4/95) New York Advisory Opinion (space coordinator for local church)(4/95) New York Advisory Opinion (charitable organization involved in several lawsuits)(4/95) New York Advisory Opinion (chamber of commerce)(4/95) New York Advisory Opinion (mayoral committee regarding judicial selections)(4/95) New York Advisory Opinion (board of directors of legal assistance corporation) (4/95) New York Advisory Opinion (part-time judge on school board of trustees)(4/95) New York Advisory Opinion (board of trustees for community college)(4/95) New York Advisory Opinion (coalition for the preservation of historic site)(4/95) New York Advisory Opinion (county police association)(4/95) New York Advisory Opinion (agricultural advisory committee)(4/95) New York Advisory Opinion (law school alumni association luncheon)(4/95) New York Advisory Opinion (trustee for local community college)(4/95) New York Advisory Opinion (board of directors of golf and country club)(4/95) South Carolina Advisory Opinion (board of charitable organization) (2/95) South Carolina Advisory Opinion (town rescue squad) (2/95) South Carolina Advisory Opinion (NAACP) (2/95) South Carolina Advisory Opinion (grievance committee) (2/95) 15

16 South Carolina Advisory Opinion (law enforcement officers association) (2/95) South Carolina Advisory Opinion (family violence advisory committee) (2/95) South Carolina Advisory Opinion (anniversary celebration of a tuition grants program) (2/95) South Carolina Advisory Opinion (board of a private community hospital)(4/95) South Carolina Advisory Opinion (trustee for county hospital system) (6/95) South Carolina Advisory Opinion (panel that makes recommendations regarding United Way funds) (6/95) South Carolina Advisory Opinion (task force on home detention) (6/95) South Carolina Advisory Opinion (community relations board of federal correctional institution) (6/95) South Carolina Advisory Opinion (tax forum advisory board) (6/95) South Carolina Advisory Opinion (non-profit medical center) (6/95) South Carolina Advisory Opinion (future business leaders of America) (8/95) South Carolina Advisory Opinion (board that addresses the rights and needs of crime victims) (8/95) South Carolina Advisory Opinion (programs for juvenile female offenders) (8/95) South Carolina Advisory Opinion (board of visitors of private college) (10/95) South Carolina Advisory Opinion (advisory subcommittee of legislative committee on child abuse issues) (10/95) South Carolina Advisory Opinion (board member of organization devoted to treatment of child abuse victims) (10/95) South Carolina Advisory Opinion (task force to recommend change to alcohol statute) (12/95) South Carolina Advisory Opinion (honorary membership on tax council) (12/95) Tennessee Advisory Opinion 92-6 (cancer society committee on legacies and planned 16

17 giving)(4/95) Tennessee Advisory Opinion 93-4 (public library board)(4/95) Tennessee Advisory Opinion 94-8 (advisory member of Center for Ethical Public Policy Studies)(4/95) Texas Advisory Opinion 167 (city commission on disabilities) (2/95) Utah Informal Advisory Opinion 94-2 (substance abuse and community violence committee) (12/95) Utah Informal Advisory Opinion 95-1 (board of the division of family services) (12/95) Utah Informal Advisory Opinion 95-3 (board of regents) (12/95) Utah Informal Advisory Opinion 91-3 (bar fee arbitration panel) (12/95) Washington Advisory Opinion 95-4 (community public health and safety network established by statute) Washington Advisory Amended Opinion 95-6 (donation to bar association silent auction)(4/95) Washington Advisory Opinion 95-9 (school district committee) (4/95) Washington Advisory Opinion (board of directors of regional dispute resolution center)(4/95) Washington Advisory Opinion (court appointing non-judicial officer to represent court on community public safety network) (8/95) West Virginia Advisory Opinion (September 5, 1990) (appointment to county solid waste authority) (4/95) West Virginia Advisory Opinion (February 7, 1992) (Rotary club, county sheltered workshop, region s convalescent center, YMCA, hospice)(4/95) West Virginia Advisory Opinion (February 7, 1992) (college foundation) (4/95) West Virginia Advisory Opinion (September 23, 1992) (Habitat for Humanity) (4/95) West Virginia Advisory Opinion (June 16, 1993) (county chamber of commerce and parks and recreation advisory committee) (4/95) 17

18 West Virginia Advisory Opinion (June 18, 1993) (sheriff s civil service commission) (4/95) West Virginia Advisory Opinion (September 3, 1993) (United Mine Workers) (4/95) West Virginia Advisory Opinion (September 3, 1993) (advisory council of juvenile detention center) (4/95) West Virginia Advisory Opinion (November 8, 1993) (weight watchers; advisory committee for college criminal justice program) (4/95) West Virginia Advisory Opinion (October 7, 1994) (concession stand and directory subcommittee) (4/95) West Virginia Advisory Opinion (October 7, 1994) (board of trustees of public library) (4/95) West Virginia Advisory Opinion (October 7, 1994) (legal services board of directors and juvenile justice committee) (4/95) West Virginia Advisory Opinion (December 12, 1994) (fraternal order of police associates) (4/95) West Virginia Advisory Opinion (June 14, 1995) (county board of health) (6/95) West Virginia Advisory Opinion (June 14, 1995) (trial lawyers association) (6/95) West Virginia Advisory Opinion (August 18, 1995) (mental hygiene commissioner serving on board of mental health planning council) (8/95) West Virginia Advisory Opinion (September 18, 1995) (committee to facilitate passage of a school bond issue) (10/95) West Virginia Advisory Opinion (October 2, 1995) (board of zoning appeals) (10/95) West Virginia Advisory Opinion (November 3, 1995) (nonprofit nursing home) (12/95) West Virginia Advisory Opinion (November 3, 1995) (foundation) (12/95) West Virginia Advisory Opinion (December 8, 1995) (state commission for national and community service) (12/95) U.S. Advisory Opinion 85 (1991) (ABA) (12/95) COMMUNITY ACTIVITIES; BAR ASSOCIATION ACTIVITIES 18

19 Alabama Advisory Opinion (shelter for victims of domestic violence) (2/95) Alabama Advisory Opinion (juvenile justice fund) (2/95) Alabama Advisory Opinion (marketing advisory council of local junior college) (2/95) Arizona Advisory Opinion (court administrator soliciting for municipal charity drive) (6/95) Arizona Advisory Opinion (educational activities for lawyers committee on prevention of violent crime) (6/95) Arizona Advisory Opinion 95-2 (defense attorneys association and chamber of commerce) (6/95) Arizona Advisory Opinion 95-5 (board of directors of council that monitors allocation of funds to social service agencies) (6/95) Arkansas Advisory Opinion (fund-raising committee for local boys/girls club) (2/95) Arkansas Advisory Opinion 95-3 (advisory committee of public college)(4/95) D.C. Advisory Opinion No. 4 (attending fund-raiser for specialty bar association) (2/95) Florida Advisory Opinion (officer of local bar association) (2/95) Florida Advisory Opinion (governor s task force on domestic violence) (6/95) Florida Advisory Opinion (member of academy of trial lawyers) (6/95) Florida Advisory Opinion (bingo) (10/95) Florida Advisory Opinion (presentation to church board) (10/95) Florida Advisory Opinion (planning and participating in fund-raising and videotape) (10/95) Florida Advisory Opinion (not-for-profit corporation that restores historical artifacts) (12/95) Florida Advisory Opinion (committee that oversees the county drug and alcohol abuse program) (12/95) Florida Advisory Opinion (health and human services board) (12/95) 19

20 Florida Advisory Opinion (luncheon sponsored by domestic abuse council) (12/95) Florida Advisory Opinion (MADD vigil) (12/95) Illinois Advisory Opinion (performing in fund-raising play) (12/95) Georgia Advisory Opinion 201 (family violence protocol task force)(4/95), revised (8/95) Georgia Advisory Opinion 202 (1995) (board that hears ethics complaints against public officials) (8/95) Illinois Advisory Opinion (organization that trains guardian ad litems) (8/95) Illinois Advisory Opinion (coach or judge for speech and debating team) (10/95) Illinois Advisory Opinion (chair of state bar fund-raising arm) (10/95) Kansas Advisory Opinion JE-56 (board of education) (8/95) Kansas Advisory Opinion JE-59 (committee on justice center design) (12/95) Louisiana Advisory Opinion 124 (judge s name on uniform of local community baseball team sponsored by the judge)(4/95) Louisiana Advisory Opinion 128 (1995) (probation monitor for bar disciplinary association) (12/95) Missouri Advisory Opinion 164 (state advisory council for alcohol and drug rehabilitation programs)(4/95) New Mexico Advisory Opinion (chair of state university committee) (6/95) New Mexico Advisory Opinion 90-9 (board of regents of state educational institution) (6/95) New Mexico Advisory Opinion 91-3 (veteran center advisory board) (6/95) New Mexico Advisory Opinion 93-5 (letter regarding need for study on use of language other than English in courts) (6/95) New Mexico Advisory Opinion 95-2 (advisory board of non-profit organization that provides support for crime victims) (6/95) New York Advisory Opinion (committee that seeks ways to reduce violence)(4/95) 20

21 New York Advisory Opinion (natural resources council)(4/95) New York Advisory Opinion (space coordinator for local church)(4/95) New York Advisory Opinion (charitable organization involved in several lawsuits)(4/95) New York Advisory Opinion (fund-raiser for county magistrate s association)(4/95) New York Advisory Opinion (award at a fund-raiser)(4/95) New York Advisory Opinion (congratulatory notice in journal)(4/95) New York Advisory Opinion (chamber of commerce)(4/95) New York Advisory Opinion (county magistrates association sponsoring athletic team)(4/95) New York Advisory Opinion (mayoral committee regarding judicial selections)(4/95) New York Advisory Opinion (honoree at annual dinner where souvenir journal is used to raise funds)(4/95) New York Advisory Opinion (board of directors of legal assistance corporation) (4/95) New York Advisory Opinion (establishing public clothing drive)(4/95) New York Advisory Opinion (part-time judge on school board of trustees)(4/95) New York Advisory Opinion (board of trustees for community college)(4/95) New York Advisory Opinion (coalition for the preservation of historic site)(4/95) New York Advisory Opinion (volunteering for charitable organizations)(4/95) New York Advisory Opinion (county police association)(4/95) New York Advisory Opinion (participating in fund-raiser for local shelter)(4/95) New York Advisory Opinion (agricultural advisory committee)(4/95) New York Advisory Opinion (law school alumni association luncheon)(4/95) New York Advisory Opinion (trustee for local community college)(4/95) 21

22 New York Advisory Opinion (board of directors of golf and country club)(4/95) Ohio Advisory Opinion (participating in telethon) (12/95) South Carolina Advisory Opinion (board of charitable organization) (2/95) South Carolina Advisory Opinion (town rescue squad) (2/95) South Carolina Advisory Opinion (NAACP) (2/95) South Carolina Advisory Opinion (grievance committee) (2/95) South Carolina Advisory Opinion (selling tickets to events sponsored by rotary club) (2/95) South Carolina Advisory Opinion (law enforcement officers association) (2/95) South Carolina Advisory Opinion (scholarship fund) (2/95) South Carolina Advisory Opinion (featured in calendar) (2/95) South Carolina Advisory Opinion (giving color commentary during broadcasts of basketball games) (2/95) South Carolina Advisory Opinion (family violence advisory committee) (2/95) South Carolina Advisory Opinion (anniversary celebration of a tuition grants program) (2/95) South Carolina Advisory Opinion (board of a private community hospital)(4/95) South Carolina Advisory Opinion (trustee for county hospital system) (6/95) South Carolina Advisory Opinion (letter of reference to assist non-profit organization raise funds) (6/95) South Carolina Advisory Opinion (panel that makes recommendations regarding United Way funds) (6/95) South Carolina Advisory Opinion (task force on home detention) (6/95) South Carolina Advisory Opinion (community relations board of federal correctional institution) (6/95) 22

23 South Carolina Advisory Opinion (letter encouraging church congregation to pray for the church s stewardship mission) (6/95) South Carolina Advisory Opinion (tax forum advisory board) (6/95) South Carolina Advisory Opinion (non-profit medical center) (6/95) South Carolina Advisory Opinion (future business leaders of America) (8/95) South Carolina Advisory Opinion (board that addresses the rights and needs of crime victims) (8/95) South Carolina Advisory Opinion (programs for juvenile female offenders) (8/95) South Carolina Advisory Opinion (board of visitors of private college) (10/95) South Carolina Advisory Opinion (advisory subcommittee of legislative committee on child abuse issues) (10/95) South Carolina Advisory Opinion (board member of organization devoted to treatment of child abuse victims) (10/95) South Carolina Advisory Opinion (task force to recommend change to alcohol statute) (12/95) South Carolina Advisory Opinion (honorary membership on tax council) (12/95) South Carolina Advisory Opinion (donating recipe to fund-raising cookbook) (12/95) South Dakota Advisory Opinion 91-2 (fundraising for non-profit) (6/95) South Dakota Advisory Opinion 94-1 (nominating speech for candidate for president of state bar) (6/95) South Dakota Advisory Opinion 95-1 (appearing in educational videotape) (6/95) Tennessee Advisory Opinion 92-6 (cancer society committee on legacies and planned giving)(4/95) Tennessee Advisory Opinion 93-4 (public library board)(4/95) Tennessee Advisory Opinion 94-1 (guest of honor at fund-raising event)(4/95) 23

24 Tennessee Advisory Opinion 94-3 (guest of honor at fund-raising dinner for law school)(4/95) Tennessee Advisory Opinion 94-8 (advisory member of Center for Ethical Public Policy Studies)(4/95) Tennessee Advisory Opinion 95-8 (judges forming foundation to offer scholarships) (12/95) Texas Advisory Opinion 165 (raising funds for religious organization) (2/95) Texas Advisory Opinion 167 (city commission on disabilities) (2/95) Texas Advisory Opinion 171 (moderating a discussion between two factions of a community dispute) (2/95) Utah Informal Advisory Opinion 94-2 (substance abuse and community violence committee) (12/95) Utah Informal Advisory Opinion 95-1 (board of the division of family services) (12/95) Utah Informal Advisory Opinion 95-3 (board of regents) (12/95) Utah Informal Advisory Opinion 91-3 (bar fee arbitration panel) (12/95) Washington Advisory Opinion 94-8 (chair of legal aid pledge drive committee)(12/94) Washington Advisory Opinion 94-9 (participation in bond campaign for juvenile court facility) (12/94) Washington Advisory Opinion 95-6 (offering dinner at home as auction item) (2/95) Washington Advisory Opinion 95-8 (speaking at MADD dinner) (2/95) Washington Advisory Opinion 95-4 (community public health and safety network established by statute) Washington Advisory Amended Opinion 95-6 (donation to bar association silent auction)(4/95) Washington Advisory Opinion 95-7 (addressing Federation of Republican Women) (2/95) Washington Advisory Opinion 95-9 (school district committee) (4/95) Washington Advisory Opinion (board of directors of regional dispute resolution center)(4/95) 24

25 Washington Advisory Opinion (court appointing non-judicial officer to represent court on community public safety network) (8/95) Washington Advisory Opinion (providing jurors with option of contributing compensation to charities) (8/95) Washington Advisory Opinion (plan for addressing problems of city s youth) (8/95) Washington Advisory Opinion (speaking at fund-raising breakfast) (10/95) West Virginia Advisory Opinion (September 5, 1990) (appointment to county solid waste authority) (4/95) West Virginia Advisory Opinion (November 11, 1991) (telethon) (4/95) West Virginia Advisory Opinion (February 7, 1992) (Rotary club, county sheltered workshop, region s convalescent center, YMCA, hospice)(4/95) West Virginia Advisory Opinion (February 7, 1992) (college foundation) (4/95) West Virginia Advisory Opinion (March 31, 1992) (Veterans of Foreign Wars and bingo) (4/95) West Virginia Advisory Opinion (September 23, 1992) (Habitat for Humanity) (4/95) West Virginia Advisory Opinion (March 9, 1993) (participating in educational video about drunk driving) (4/95) West Virginia Advisory Opinion (June 16, 1993) (county chamber of commerce and parks and recreation advisory committee) (4/95) West Virginia Advisory Opinion (June 18, 1993) (sheriff s civil service commission) (4/95) West Virginia Advisory Opinion (September 3, 1993) (United Mine Workers) (4/95) West Virginia Advisory Opinion (September 3, 1993) (advisory council of juvenile detention center) (4/95) West Virginia Advisory Opinion (November 8, 1993) (weight watchers; advisory committee for college criminal justice program) (4/95) West Virginia Advisory Opinion (October 7, 1994) (concession stand and directory subcommittee) (4/95) West Virginia Advisory Opinion (October 7, 1994) (officer in local bar association) (4/95) 25

26 West Virginia Advisory Opinion (October 7, 1994) (board of trustees of public library) (4/95) West Virginia Advisory Opinion (October 7, 1994) (legal services board of directors and juvenile justice committee) (4/95) West Virginia Advisory Opinion (December 12, 1994) (fraternal order of police associates) (4/95) West Virginia Advisory Opinion (June 14, 1995) (county board of health) (6/95) West Virginia Advisory Opinion (June 14, 1995) (trial lawyers association) (6/95) West Virginia Advisory Opinion (August 18, 1995) (mental hygiene commissioner serving on board of mental health planning council) (8/95) West Virginia Advisory Opinion (September 18, 1995) (committee to facilitate passage of a school bond issue) (10/95) West Virginia Advisory Opinion (October 2, 1995) (board of zoning appeals) (10/95) West Virginia Advisory Opinion (November 3, 1995) (nonprofit nursing home) (12/95) West Virginia Advisory Opinion (November 3, 1995) (church activities) (12/95) West Virginia Advisory Opinion (November 3, 1995) (foundation) (12/95) West Virginia Advisory Opinion (December 8, 1995) (state commission for national and community service) (12/95) U.S. Advisory Opinion 85 (1991) (ABA) (12/95) 26

27 GIFTS, PERSONAL FINANCES, PRACTICE OF LAW Arizona Advisory Opinion (editorial advisory board of for-profit magazine) (6/95) Arizona Advisory Opinion 95-1 (nominating committee of a non-profit homeowners association) (6/95) Arizona Advisory Opinion 95-3 (judge acting as attorney or handling pro bono cases) (6/95) Florida Advisory Opinion (being a member of an organization formed to protect leaseholders interests) (12/94) Florida Advisory Opinion 95-4 (participating in Amway) (2/95) Florida Advisory Opinion 95-7 (trustee of spouse s grandparent) (6/95) Florida Advisory Opinion (advisory board for private court reporting school) (6/95) Florida Advisory Opinion (reimbursement for child s medical bills; quantum meruit payment for services to child) (6/95) Florida Advisory Opinion (complimentary tickets to American Jewish Committee Dinner) (6/95) Florida Advisory Opinion (investing in bank; serving as director of bank) (10/95) Illinois Advisory Opinion on reconsideration (receiving fee for case referred as attorney) (2/95) Illinois Advisory Opinion 95-7 (CD-ROM from publisher) (6/95) Illinois Advisory Opinion (board of cooperative) (8/95) Illinois Advisory Opinion (fee for performing marriage) (10/95) Illinois Advisory Opinion (appearing pro se) (10/95) Illinois Advisory Opinion (legal advisor for family member) (10/95) Kentucky Advisory Opinion JE-86 (Christmas gifts, inter-office parties) (4/95) Louisiana Advisory Opinion 122 (participating in for-profit continuing education courses) (2/95) Louisiana Advisory Opinion 123 (leasing office building to entity with government contract) 27

28 (4/95) Louisiana Advisory Opinion 127 (1995) (board of automobile dealership) (10/95) Michigan Advisory Opinion JI-98 (trust of inter vivos trust) (2/95) Nebraska Advisory Opinion 92-2 (preparing legal documents for family) (8/95) New Hampshire Advisory Opinion 90-1 (serving as trustee for cousin) (2/95) New Mexico Advisory Opinion 91-5 (selling home to witness in pending case) (6/95) New Mexico Advisory Opinion 92-4 (reception in judge s honor) (6/95) New Mexico Advisory Opinion 93-6 (gratuity for performing marriage ceremony) (6/95) New York Advisory Opinion , (real estate partnership) (4/95) New York Advisory Opinion (board of trustees for condominium trust) (4/95) New York Advisory Opinion (real estate partnership) (4/95) New York Advisory Opinion (remaining sole shareholder in professional corporation) (4/95) New York Advisory Opinion (co-executor of family member s estate) (4/95) New York Advisory Opinion (teaching dance classes) (4/95) New York Advisory Opinion (notary public) (4/95) Ohio Advisory Opinion 95-4 (books from publisher) (4/95) Ohio Advisory Opinion 95-8 (attending lawyers association meeting without paying registration fee) (6/95) Ohio Advisory Opinion (raising beef cattle; doing tax returns) (8/95) South Carolina Advisory Opinion (co-executor of aunt s will) (2/95) South Carolina Advisory Opinion (installation of legal materials on computer) (2/95) South Carolina Advisory Opinion (magistrate who owns printing company doing business with county) (2/95) 28

29 South Carolina Advisory Opinion (shareholder in family s law practice) (2/95) South Carolina Advisory Opinion (wedding fees) (2/95) South Carolina Advisory Opinion (wedding fees) (2/95) South Carolina Advisory Opinion (prize won in raffle) (6/95) South Carolina Advisory Opinion (operating a corporation that performs marriage ceremonies) (6/95) South Carolina Advisory Opinion (trustee for county hospital system) (6/95) South Carolina Advisory Opinion (trustee for foundation) (8/95) South Carolina Advisory Opinion (serving as fiduciary and officer of family business) (12/95) South Dakota Advisory Opinion 91-3 (payment from former law firm for work done prior to becoming judge) (6/95) South Dakota Advisory Opinion 95-2 (renting space in office building to lawyer who appears before judge) (6/95) Tennessee Advisory Opinion 95-3 (appearing in video explaining divorce proceedings) (2/95) Tennessee Advisory Opinion 90-8 (trustee of scholarship fund created by will) (4/95) Tennessee Advisory Opinion 91-8 (free legal services) (4/95) Tennessee Advisory Opinion 95-6 (cash award from Reader s Digest) (10/95) Tennessee Advisory Opinion 95-7 (judge leasing property to state for judge s own use) (12/95) Texas Advisory Opinion 179 (trust for judge s minor children renting space in building to lawyers) (4/95) Utah Informal Advisory Opinion 94-1 (serving as mediator in federal court dispute resolution program) (12/95) Utah Informal Advisory Opinion 94-3 (compensation for performing marriages) (12/95) Washington Advisory Opinion (compensation for performing weddings) (12/94) 29

30 West Virginia Advisory Opinion (November 5, 1990) (notary) (4/95) West Virginia Advisory Opinion (January 22, 1991) (continuing to serve as trustee) (4/95) West Virginia Advisory Opinion (January 22, 1991) (renting building to lawyers) (4/95) West Virginia Advisory Opinion (January 5, 1993) (continuing to serve as executor of estate) (4/95) West Virginia Advisory Opinion (March 1, 1993) (renting space to attorney) (4/95) West Virginia Advisory Opinion (March 1, 1993) (owning stock in corporation where other shareholders are attorneys) (4/95) West Virginia Advisory Opinion (June 22, 1993) (renting residence from attorney) (4/95) West Virginia Advisory Opinion (December 22, 1993) (gift of building that leases space to prosecuting attorney s office) (4/95) West Virginia Advisory Opinion (June 14, 1995) (complimentary cable service) (6/95) West Virginia Advisory Opinion (June 14, 1995) (interest in office building) (6/95) West Virginia Advisory Opinion (June 14, 1995) (preparing tax returns) (6/95) West Virginia Advisory Opinion (June 14, 1995) (spouse s employment at private school) (6/95) West Virginia Advisory Opinion (August 18, 1995) (new judge continuing to serve as arbitrator) (8/95) West Virginia Advisory Opinion (October 2, 1995) (board of zoning appeals) (10/95) U.S. Advisory Opinion 88 (1992) (gift from nonprofit organization in connection with appearance) (12/95) U.S. Advisory Opinion 89 (1994) (accepting honor) (12/95) 30

31 PART-TIME JUDGES Florida Advisory Opinion 95-8 (part-time child support hearing officers practicing law in the court in which they preside) (6/95) Florida Advisory Opinion (uncompensated assistant state attorney) (10/95) Kansas Advisory Opinion JE-57 (practicing law in other divisions of court) (8/95) Kansas Advisory Opinion JE-58 (substitute judges) (10/95) Michigan Advisory Opinion JI-97 (representing funding unit of court; disqualification of law partners) (2/95) Missouri Advisory Opinion 163 (lawyer serving as judge in municipality where partner is city attorney) (2/95) New Mexico Advisory Opinion 89-5 (alternate municipal judge representing defendants in municipal court) (6/95) New Mexico Advisory Opinion 92-1 (county sheriff s deputy serving as municipal court judge) (6/95) New Mexico Advisory Opinion 95-1 (employment with county sheriff s office) (6/95) New York Advisory Opinion (community liaison for assemblyman) (4/95) New York Advisory Opinion (representing fire district) (4/95) New York Advisory Opinion (representing client in tax certiorari proceedings against town) (4/95) New York Advisory Opinion (part-time judge s law firm representing client before village board) (4/95) New York Advisory Opinion (representing victim of assault in civil action when judge presided over criminal case that is basis for suit) (4/95) New York Advisory Opinion (part-time stenographer for district attorney) (4/95) South Carolina Advisory Opinion (police dispatcher) (2/95) South Carolina Advisory Opinion (part-time judge endorsing candidates) (2/95) 31

32 South Carolina Advisory Opinion (serving as city attorney) (2/95) South Carolina Advisory Opinion (executive director of revitalization association) (2/95) South Carolina Advisory Opinion (town attorney) (2/95) South Carolina Advisory Opinion (partners) (2/95) South Carolina Advisory Opinion (reserve deputy sheriff, commissioner of public service district, commissioned officer in the state guard) (2/95) South Carolina Advisory Opinion (sales clerk in convenience store) (2/95) South Carolina Advisory Opinion (paralegal and investigator for law firm) (4/95) South Carolina Advisory Opinion (fiduciary for non-family member) (6/95) South Dakota Advisory Opinion 94-2 (child support referee appearing before another child support referee) (6/95) Tennessee Advisory Opinion (counsel for county) (4/95) Tennessee Advisory Opinion 91-2 (employed by alcohol/drug rehabilitation center) (4/95) Tennessee Advisory Opinion 91-3 (serving as trustee) (4/95) Tennessee Advisory Opinion 91-9 (part-time judge with probate and domestic relations jurisdiction accepting employment as a lawyer in these areas) (4/95) Tennessee Advisory Opinion 92-3 (representing debtor in bankruptcy where judge entered judgment against debtor) (4/95) Tennessee Advisory Opinion 92-5 (serving as executor of estate) (4/95) Tennessee Advisory Opinion 93-3 (practicing criminal law) (4/95) Tennessee Advisory Opinion 95-2 (practicing in another county) (2/95) Texas Advisory Opinion 166 (appearing in same court) (2/95) Utah Informal Advisory Opinion 92-2 (providing alcohol assessment service to persons who appear before courts) (12/95) 32