Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter B - FORMAL OPINIONS › Section 14-1 - Social Activities

Current through Register Vol. 54, No. 28, July 13, 2024
The Ethics Committee of the Pennsylvania Conference of
					 State Trial Judges (the "Committee") regularly receives inquiries regarding the
					 propriety of judges attending social activities.i By
					 order of the Supreme Court of Pennsylvania, a new Code of Judicial Conduct (the
					 "new Code") became effective on July 1, 2014. Although the new Code is more
					 expansive than, and in some respects significantly different from, the prior
					 Code of Judicial Conduct ("the old Code"), many of the relevant provisions of
					 the old Code have been incorporated into the new Code. The Committee has issued
					 a body of informal opinions under the old Code. It now issues this Formal
					 Opinion to provide broad guidance to those subject to the new Code as they
					 transition to its provisions.ii
As is always the case, if a judge has a specific question
					 concerning the application of these general guidelines to his or her
					 prospective behavior, and wishes to enjoy the rule of reliance on the
					 Committee's advice,iiiThe judge should make a
					 written request for advice from the Committee.
Social
					 Activitiesiv
In general, inquiries to the Committee concerning social
					 activities have involved (A) attorneys, law firms and attorney associations;
					 (B) charitable organizations; and (C) other types of events.
A.
Social Activities Involving
				  Attorneys, Law Firms and Attorney Associations
The Committee has approved attendance at the following
					 social activities sponsored by attorneys, law firms and attorney organizations
					 under the old Code; and, as a general matter, the result would be the same
					 under the new Code:v
* A ceremonial and social function held by a plaintiffs'
					 bar association. (2/21/01)
* A bar association event held at a private law firm.
					 (4/16/01)
* A summer associate reception at a law firm where the
					 judge's spouse is a partner. No clients will be in attendance; and all
					 spouses/significant others are invited. (5/27/07)
* A plaintiffs' bar association awards dinner which is a
					 fund raising event. (10/1/09)
* A CLE program conducted by a criminal defense
					 organization where the program has been approved for CLE credit, is open to the
					 general bar, is held in a public forum, and is free to judges. (4/28/10)
* A charity concert at a public venue when the tickets were
					 purchased for the judge and the judge's spouse by the spouse's firm. The judge
					 will not be sitting with the firm's clients. (5/7/10)
* The wedding of a former law clerk, who is now a local
					 lawyer not currently involved in litigation before the judge. (9/19/12)
* A public event in a law firm's sky box suite where the
					 firm has not appeared before the judge in any civil/criminal matter.
					 (2/28/13)
The Committee has advised attendance at the following
					 events could be violative of the old Code; and, as a general matter, the result
					 would be the same under the new Code:
* Judge may not serve as a keynote speaker before an
					 insurance industry group. (9/8/03)
* A legal seminar conducted solely for the members of the
					 sponsoring firm. (9/8/04)
* A seminar given only for members of a certain law firm at
					 the firm's office. (6/20/05)
* A spouse's firm retreat (including dinners and social
					 events), even where the judge pays for his/her own airfare, lodging, and
					 food.
* The retreat includes a dinner where the spouse would
					 entertain clients and the judge would attend as the spouse's guest.
					 (4/5/06)
* A private firm event featuring a well-known political
					 commentator. The event is not held at the firm, but clients and prospective
					 clients of the firm will be present. (9/15/08)
* A private party following a charity concert where the
					 party is held by a spouse's firm for the purpose of entertaining clients.
					 (5/7/10)
* An event open to the general bar, sponsored by a
					 nonprofit, and held at a private law firm. The title of the event indicates
					 that judges will be featured attendees. (8/26/10)
* An award breakfast honoring a retired U. S. Supreme Court
					 Justice where clients of the firm will attend. (5/28/13)
In deciding whether to attend social functions sponsored by
					 attorneys, law firms, and attorney associations, a judge should review the
					 following non-exhaustive list of considerations implicated by the Code:
1. Is the event intended to improve the law,
				  the legal system, or the administration of justice, or is it purely a social
				  function?
2. Are the sponsoring
				  attorneys currently involved or likely to be involved in litigation before the
				  judge?
3. Is the event held at a
				  law firm or off site?
4. Is
				  attendance limited to attorneys in the sponsoring firm or is it open to other
				  attorneys and/or the general public?
5. Will the firm's clients or potential
				  clients attend the event?
6. Will
				  an appearance at the social event convey the impression that the sponsors are
				  in a special position to influence the judge?
7. Will the judge's presence be advertised in
				  advance of the event or will the judge be recognized during the
				  event?
8. In the case of an event
				  sponsored by an attorney association, is the function limited to one sector of
				  the bar, such as the plaintiffs' bar, defense counsel, prosecutors,
				  etc.?
9. Will attendance at the
				  function call into question the judge's impartiality?
10. Will attendance interfere with the
				  performance of the judge's judicial duties?