SERVICE ON DOWNTOWN DEVELOPMENT
COMMITTEE
Opinion No. 141 (1991)
QUESTION: May a judge be the chairman of and serve on a committee to
encourage and expand the economic development and historical restoration of a downtown
area in which the judge owns real property? The committee will solicit funds from private
businesses and individuals and from the city to fund the project.
ANSWER: No. Canon 2B
provides that a judge should not permit the use of the prestige of judicial office for the
private interests of the judge or others.
Canon 5C(1) provides that a judge should
refrain from financial and business dealings that tend to exploit the judge's judicial
position.
The Committee concludes that the judge's participation, as chairman of the committee or as
a member, in sponsoring a project that may benefit the judge and that depends upon fund
raising would create the appearance of using the prestige of judicial office for the
benefit of the owners of the downtown property, including the judge. That activity could
also give the appearance of compromising the independence of the judge by permitting a
contributor to attempt to curry favor with the judge or to convey the impression that the
contributor is in a special position to influence the judge.