PARTICIPATION IN FUND-RAISING ACTIVITIES

 

Opinion No. 41 (1979)

 

QUESTION::  May a judge subject to the provisions of the Code of Judicial Conduct appear as an operatic singer at fund-raising activities of religious or charitable organizations?

 

ANSWER: The Committee is of the opinion that such activity would be in violation of Canon 5B(2).*  While a judicial officer may not be a speaker or guest of honor at such an event, he may attend such events.

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*Now see Canon 4C(2).

 

 

 

 

COUNTY COURT JUDGE AS CORPORATE DIRECTOR

 

Opinion No. 42 (1979)

 

QUESTION:  May a lawyer who has for many years been a director of a bank and of a savings and loan association continue acting as director of the corporate entities after his appointment and qualification as a judge of a newly created county court at law?

 

ANSWER: The Committee is of the opinion that continued service as a director after qualification as a judge would be in violation of Canon 5C(2)* of the Code of Judicial Conduct.  The fact that one person owns more than 95  percent of the stock of one entity is immaterial since there are more than ten other "owners" of stock in the corporate entity.

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*Now see Canon 4D(2).

 

 

JUDGE AS DIRECTOR OF CREDIT UNION

 

Opinion No. 43 (1979)

 

QUESTION::  Is it a violation of Canon 5C(2)* of the Code of Judicial Conduct for a county-level judge to serve as an uncompensated member of the board of directors of a county employees' credit union operating under Tex. Rev. Civ. Stat. Ann. art. 2461 - 1.01, et seq. (Supp. 1978-79)?

 

ANSWER: Assuming that there are more than ten members of the credit union, the Committee is of the opinion that such continued service would be in violation of the cited canon.  See Opinion Number 37.

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* Now see Canon 4D(2).

 

FREE PASSES

 

Opinion No. 44 (1979)

 

QUESTION::  Can a judge who is subject to the Code of Judicial Conduct accept free passes to movies, football games, college plays, etc.?

 

ANSWER: Canon 5C(4)(c)* of the Code of Judicial Conduct controls the answer to the question.  If the gift is from an entity whose interest has not come and is not likely to come before the judge, and if it is clearly understood by all parties that such is not an effort to curry favor, such gift may be accepted by the judge.

If any gift has a potential value in the aggregate of more than $100, it must be reported as required under the provisions of Canon 6C.**

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*Now see Canon 4D(4)(c).

 

 

DISCIPLINARY ACTION AGAINST LAWYER

 

Opinion No. 45 (1979)

 

QUESTION::  Does a judge subject to the Code of Judicial Conduct have an obligation to initiate disciplinary measures against a lawyer when he becomes aware that such lawyer has been guilty of unprofessional conduct or has presented false information to the court in order to obtain the entry of a judgement?

 

ANSWER: Under Disciplinary Rules promulgated by the Supreme Court of Texas, "A lawyer shall not engage in conduct that is prejudicial to the administration of justice."  DR 1-102(5).

Canon 3B(3)* of the Code of Judicial Conduct reads:  "A judge should take or initiate appropriate disciplinary measures against a lawyer for unprofessional conduct of which the judge may become aware."

The Committee is of the opinion that the knowing presentation of false information to a court in order to obtain the entry of a judgment is unprofessional conduct as defined in DR 1-102(5) and that when the judge becomes aware thereof, it becomes his duty to "initiate appropriate disciplinary measures" against such lawyer.

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*Now see Canon 3D(2).

 

 

RETIRED JUDGE: PRACTICE OF LAW -- ADMINISTRATIVE TRIBUNAL

 

Opinion No. 46 (1979)

 

QUESTION::  May a retired judge who is eligible for recall to judicial service practice law by appearing before an administrative tribunal which restricts appearances on behalf of others to licensed attorneys?

 

ANSWER: Yes.  While Canon 5F* forbids a judge in active service practicing law, such provision is inapplicable to a retired judge under Compliance Section D.**  We express no opinion on the applicability of Tex. Rev. Civ. Stat. Ann. art. 6228b, subsec. 7 (Supp. 1978-79) to such practice.

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*Now see Canon 4G.

** Now see Canon 6(F)

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JUDGE AS PROBATE COUNSEL FOR FAMILY MEMBER

 

Opinion No. 47 (1979)

 

QUESTION::  May a judge subject to the Code of Judicial Conduct appear as counsel in the probate of the will of a member of his family as that term is used in Canon 5D*?

 

ANSWER: No.  The practice of law is forbidden by Canon 5F.**  While a judge is permitted to engage in certain fiduciary activities under Canon 5D,* appearance as counsel is impermissible under the Code. Incidental counseling with immediate members of the family is not considered by the Committee to constitute the practice of law.

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* Now see Canon 4E.

** Now see Canon 4G.

 

 

LAWYERS' CONTRIBUTIONS TO JUDICIAL CAMPAIGN

 

Opinion No. 48 (1979)

 

QUESTION:  Does a candidate for judicial office violate the Code of Judicial Conduct by accepting, through his campaign treasurer, contributions from lawyers who might be expected to appear before him if the candidate is elected to judicial office?

 

ANSWER: Although there is no mention of this subject in the Code of Judicial Conduct,* the Committee, after careful consideration of all of the factors involved in the question, is of the unanimous opinion that such contributions proffered by lawyers without hope of reward and accepted in the same spirit, do not violate either the letter or the spirit of the statutes, the Code of Professional Responsibility, or the Code of Judicial Conduct.

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*Now see Canons 4D(1), 5, and 6G.

 

 

ATTORNEY REFERRAL FEE