Opinion  Opinion 2018-2

Date:	04/20/2018
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Non-political fundraiser attendance and donation

Dear ________________:

This is in response to your request of March 14, 2018, seeking advice on the following. You are a First Assistant Clerk-Magistrate at the ___________ Court. You inquire whether it would be appropriate for you to attend a fund raising event in the following circumstances.  The Chief of Police in the jurisdiction of your court has been diagnosed with a very serious disease. The residents of his town, in conjunction with a local restaurant, have scheduled a daylong buffet style fundraiser for the benefit of the Chief and his family. Published fliers for the event indicate that it is a private endeavor that is not officially organized by the Police Department, although you acknowledge that it is likely that police officers from the jurisdiction of your court will promote the event and attend in large numbers. You have not been personally invited or asked to participate in the event in any fashion. You inquire whether you(1) and the Clerk-Magistrate of the court where you serve may attend the event, and if not, donate money for the cause.  

In considering your request, the Committee reviewed Canon 5(B) of the Code of Professional Responsibility for Clerks of the Courts, Civic and Charitable Activities. That canon provides that a Clerk "may participate in civic and charitable activities that do not reflect adversely on the Clerk-Magistrate's impartiality or interfere with the performance of his or her official duties." The canon further addresses the role a clerk may take with respect to certain educational, religious, charitable, fraternal, or civic organizations, and prohibits participation if there is a substantial likelihood that the organization, or a significant number of members of the organization, will be engaged in proceedings that would ordinarily come before the Clerk-Magistrate or the court in which the Clerk-Magistrate serves.

The fundraiser you describe is not on behalf of an organization, but a personal event for a member of the community. It is the Committee's view that your participation in a private event is subject to Canon 5(B)'s general caution that it must not reflect adversely on your impartiality or interfere with your duties, and Canon 4's instruction that a clerk "should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judicial branch of government." We believe that your attendance at this event and/or your making a donation to the cause would not violate those canons. Expression of support for a member of the law enforcement community in these sad circumstances does not reflect adversely on your impartiality or interfere with your duties as Assistant Clerk. In connection with inquiries relating to Canon 6, Political Activity, the Committee has noted that "a Clerk-Magistrate's attendance at an event depends on the facts regarding the nature of the function. Among the factors that influenced the Committee's view in this case are that the dinner is not a political fundraising event and that the proceeds from the event will be contributed to charity." Opinion 2003-6. Similarly, the nature of this function leads the Committee to conclude that your attendance and financial support would be consistent with the Code. 

Christine P. Burak, Esq.
Secretary, Advisory Committee on Ethical Opinions                

(1) The Committee Rules prohibit the Committee from rendering an opinion on questions relating to the conduct of persons other than the requesting clerk. See Rule 3.