NEPOTISM

Opinion No. 1 (1975)

QUESTION: Would the appointment to represent indigent defendants by a district judge of his grandnephew, related to the judge in the fourth degree of consanguinity, constitute nepotism in violation of Canon 3, Section B(4)* of the Code of Judicial Conduct?

ANSWER: It is the opinion of the Committee that the appointment of a grandnephew, related to the district judge in the fourth degree of consanguinity, would not be nepotism in violation of Canon 3, Section B(4) of the Code of Judicial Conduct.  [NOTE:  The Texas Atty. Gen. has ruled that "a district judge may not appoint his grandnephew to represent an indigent defendant if the appointed counsel is to be compensated in any manner from public funds."  In the opinion (LA No. 11), Atty. Gen. John Hill determined that the grandnephew was related in the third degree of consanguinity and thus the appointment is proscribed by the terms of Article 5996a, V.T.C.S.  The Ethics Committee opinion was delivered in the May meeting.  The Committee, in its July meeting, voted not to reconsider its opinion.]

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* Now see Canon 3C(4).

POLITICAL ACTIVITY

Opinion No. 2  (1975)

QUESTION: May a Texas judge privately introduce candidates for judicial office to his friends and recommend that such friends vote for such candidates?

ANSWER: It is the opinion of the Committee on Judicial Ethics that a Texas judge would not violate the Code of Judicial Conduct by privately introducing candidates for judicial office to his friends and recommending that such friends vote for such candidates.

JUDGE AS TRUSTEE

Opinion No. 3 (1975)

QUESTION: Does a district judge violate the Code of Judicial Conduct if he serves as trustee, without pay, of a charitable trust or foundation which qualifies as a charitable trust or foundation under the U.S. Internal Revenue Code?

ANSWER: It is the opinion of the Committee that a Texas district judge may serve as a trustee, without pay, of a charitable trust or charitable foundation under the provisions of Canon 5, Section B* of the Code of Judicial Conduct and would not violate any other provisions of the Code by such service so long as such service does not detract from the dignity of his office or interfere with the performance of his judicial duties.

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* Now see Canon 4C.

POLITICAL CONTRIBUTIONS

Opinion No. 4 (1975)

QUESTION: Would a Texas judge violate the Code of Judicial Conduct by making a contribution to the Democratic party?

ANSWER: It is the opinion of the Committee on Judicial Ethics that Canon 7A(2)* permits a Texas judge to make a contribution to the Democratic party.

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*Now see Canon 5.

WIFE AS BENEFICIARY OF TRUST

Opinion No. 5 (1975)

QUESTION: If a judge's wife is a beneficiary of a trust, managed by others, containing a portfolio of various stocks, real estate interests and other assets, should the judge report the names of the corporations, businesses, or other financial undertakings, the stocks or interests in which constitute part of the assets of the trust, as corporations, businesses, or other financial undertakings in which he has an interest in order to comply with Canon 6C(c)* of the Code of Judicial Conduct?

ANSWER: The Committee is of the opinion that the judge should determine all of the assets of the trust and list them in compliance with Canon 6C(c)* of the Code of Judicial Conduct.

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*Now see Canon 4D.

ATTORNEY AS TRUSTEE

Opinion No. 6 (1975)

QUESTION: Should a judge recuse in a case in which one of the attorneys is presently serving as trustee, with discretionary powers, of a trust in which the judge's wife is a beneficiary?

ANSWER: It is the opinion of the Committee that the judge should recuse because "his impartiality might reasonably be questioned" in compliance with Canon 3C(1)* of the Code of Judicial Conduct.

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*Now see Rules 18a and 18b, Texas Rules of Civil Procedure.

LAWYER IN FIRM OF TRUSTEE

Opinion No. 7 (1975)*

QUESTION: Should a judge recuse in a case in which one of the lawyers is a member of the same firm as a lawyer who is a trustee, with discretionary powers, of a trust in which the judge's wife is a beneficiary?

ANSWER: It is the opinion of the Committee that the judge is not required to recuse unless he knows that his impartiality is likely to be questioned.

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*Now see Rules 18a and 18b, Texas Rules of Civil Procedure.

RENT HOUSE AS FINANCIAL UNDERTAKING

Opinion No. 8 (1975)

QUESTION: Is a rent house owned by a judge and his wife a "financial undertaking" within the meaning of Canon 6C(c)* of the Code of Judicial Conduct?

ANSWER: It is the opinion of the Committee that a rent house owned by a judge and his wife is a "financial undertaking" within the meaning of Canon 6C(c)* of the Code of Judicial Conduct.

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*Now see Canon 4D.

PART-TIME COUNTY JUDGE

Opinion No. 9 (1975)

QUESTION: Where a court county at law judge is appointed by the commissioners court of his county with the distinct understanding and agreement that, because of the light docket of the county court at law and the fact that all of the judicial business of that court can be accomplished in approximately one-half of the working hours of the judge, the county court at law position is to be considered a part-time position and insofar as the commissioners court is concerned, the county court at law judge would be permitted to continue his law practice so long as it did not interfere with his judicial duties as judge of the county court at law, is such county court at law judge prohibited from practicing law by Canon 5F* of the Code of Judicial Conduct?

ANSWER: The Committee is of the opinion that Canon 5F* of the Code of Judicial Conduct clearly prohibits such county court at law judge from practicing law regardless of any agreement with his commissioners court at the time of his appointment.

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*Now see Canon 4G.

FUND RAISING

Opinion No. 10 (1976)

The National Conference of Metropolitan Judges (composed of trial judges from jurisdictions whose populations exceed 650,000) will hold its annual meeting in Dallas during 1976 and contributions of approximately $20,000 must be obtained to finance the conference.

QUESTION: Since the National Conference of Metropolitan Judges is a professional organization, are we (the local judges participating therein) limited in any manner in soliciting funds?  Are there any guidelines under Canon 5B of the Code of Judicial Conduct?

ANSWER: Canon 4C* permits a judge to "serve as a member, officer, or director" of an organization, such as the National Conference of Metropolitan Courts.  It also provides that a judge may "assist such an organization in raising funds...but (he) should not personally participate in public fund-raising activities."  However, Canon 5B(2)** manifests the clear prohibition that "A judge should not solicit funds..." as well as the further prohibition that he should not "use or permit the use of the prestige of his office for that purpose...."  The intent of the canons, therefore, forbids the solicitation of funds by judges, or the use of the prestige of judicial office for solicitation of funds.

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*Now see Canon 4B.

** Now see Canon 4C.