Judges Can Ask Lawyers To Lobby For The Court Budget: Opinion Delayed Because of Lack Of Funding

It is perhaps more than a bit ironic that the opinion was delayed because of lack of funding but California’s new Committee on Judicial Ethics Opinions has issued its first formal opinion.  The Los Angeles Times reported that the Committee on Judicial Ethics said it was ethical for judges to ask lawyers to lobby for sufficient court funding. The ABA Journal reported that,

“The committee, created in 2007, took longer than originally expected to begin turning out opinions because of lack of funding.

The opinion said that judges may ask lawyers to write op-ed pieces or otherwise engage in educational programs in the community to alert others to the need for full funding for the courts to ensure justice.

The committee carefully delineated various needs and requirements for such solicitations, especially concerning any appearances of impropriety, ranging from implications of favoritism in return for favors to coercion to gain help.

A judge “might avoid the appearance of favoritism by prefacing any request with the caveat that help is sought from anyone willing to volunteer, but without any expectations or benefits attached,” the opinion (PDF) says.”

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