Ethics opinion details the judicial ethical obligations when invited to attend firm-sponsored events

Judicial officers should decline to attend law firm-sponsored events with limited exceptions, according to a new ethics opinion from the State Bar of Michigan’s Standing Committee on Judicial Ethics.

“It may be permissible for a judicial officer to attend an event if the judicial officer has a personal connection to the firm and has weighed the ethical limitations to ensure that there is no appearance of impropriety, it does not detract from the dignity of the office, and it does not interfere with the performance of judicial duties,” the opinion states.

The opinion analyzes Canon 2, which deals with the appearance of impropriety, and Canon 4, which outlines allowable extrajudicial activities, as to why judges should not attend events at law firms.

The opinion concludes by saying that judicial officers play a crucial role in maintaining public trust in the judiciary, necessitating careful consideration of their participation in law firm-sponsored events. The opinion advises that judicial officers should therefore decline invitations unless they have personal connections to the firm and that, when considering attendance, they should conduct thorough analyses to ensure they are in compliance with the Code of Judicial Conduct.

Factors to consider include being aware of the event’s public visibility, avoiding ex parte communications, and refraining from discussions regarding pending cases. These factors should be considered for the judicial officer to ensure that they continue to uphold the dignity of their office and to ensure activities align with "ordinary social hospitality."

Read the full opinion here.

Ethics opinions are advisory only and therefore, are non-binding and do not have the effect of law, but may be helpful to Michigan attorneys and judges considering ethical issues regarding future conduct.

Posted: March 6, 2024