Opinion  Opinion 2018 - 5

Date:	12/03/2018
Organization:	Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Inquiring whether it is appropriate to establish a GoFundMe fund to support a personal cause of a Clerk-Magistrate

Dear ___________________________: 

This letter is in response to the letter of October 28, 2018 that was attached to your email of November 8, 2018. You are a long time Assistant Clerk in the _______________ Court. In your letter you ask if it would be consistent with your ethical obligations as Assistant Clerk for you to establish a GoFundMe fund. You would use the fund either to hire counsel or to pursue on your own the abolishment of alimony law in the Commonwealth. You state that there would be governance over the fund and that the goal of the fund would be to overturn the law not only for you but for others. Any money remaining after administrative costs and fees were paid would be donated to charity. 

In recently considering your request, the committee reviewed Canons 4 and 5 of the Code of Professional Responsibility for Clerks. Canon 4, Impartiality and Disqualification, requires Clerks to "act at all times in a manner that promotes public confidence in the integrity and impartiality of the judicial branch." Canon 5, Outside Activities, addresses a Clerk's fundraising for an "educational, religious, charitable, fraternal, or civic organization." See Canon 5(B)(2). Canon 5(C)(1) further provides that "A Clerk-Magistrate shall refrain from financial and business dealings that tend to reflect adversely on the Clerk-Magistrate's impartiality, interfere with the proper performance of the position of Clerk-Magistrate, or involve the Clerk-Magistrate in transactions with lawyers . . . likely to come before the court in which the Clerk-Magistrate is serving."

The GoFundMe fund that you describe would be directed to a policy initiative that you personally espouse. It is the Committee's view that establishing a GoFundMe fund to promote a personal cause would not be consistent with the Canons cited above. The Committee believes that creating an online, public webpage to raise funds for a personal cause would not promote confidence in the impartiality of the judicial branch as required by Canon 4 and would not minimize the risk of conflict with official duties as required by Canon 5. Soliciting funds for the purpose of changing the law currently applied in the Massachusetts courts could raise questions regarding your impartiality when attorneys, litigants and others espousing positions different from yours come to the court where you serve. Concerns regarding impartiality could also be raised when those who may donate or refuse to donate to the fund are before you in the courtroom or in hearings. As noted above, under Canon 5 Clerks are required to refrain from financial transactions with lawyers likely to come before the court where the Clerk serves. Even if you do not use your title or connection to the court in your fundraising effort, the public nature of your position could put pressure on your office and others to contribute to the fund. 

For these reasons, it is the Committee's opinion that your establishing a GoFundMe fund to support your effort to eliminate alimony is not consistent with the Code of Professional Responsibility for Clerks. We note that the Committee's jurisdiction is limited to providing opinions with respect to the applicability of the Code. Other authority, such as the Massachusetts Conflict of Interest Law and the Trial Court Personnel Policies and Procedures Manual, also could have a bearing on your inquiry.  

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