Haw. Code. Jud. Cond. 3.7

As amended through September 30, 2024

Rule 3.7 - Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Pro Bono Activities

(a) Subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including but not limited to the following activities:

(1) assisting in planning of fund-raising for the organization or entity and participating in the management and investment of the organization's or entity's funds;

(2) soliciting contributions* for such an organization or entity, but only from members of the judge's family* or from judges over whom the judge does not exercise supervisory or appellate authority;

(3) soliciting membership for such an organization or entity, even though the membership dues or fees generated may be used to support the objectives of the organization or entity, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice;

(4) speaking at, receiving an award or other recognition at, being featured on the program of, and permitting his or her title to be used in connection with an event of such an organization or entity, but, if the event serves a fund-raising purpose, the judge may participate only if the event concerns the law, the legal system, or the administration of justice;

Code Comparison

The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Rule 3.7(A)(4) by deleting "appearing [at]" an event.

(5) making recommendations to a public or private fund granting organization or entity in connection with its programs and activities, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice;

(6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity:

(A) will be engaged in proceedings that would ordinarily come before the judge; or

(B) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member; and

(7) donating, without attribution of judicial title, services or goods at fundraising events.

(8) participating in pro bono activities to improve the law, the legal system or the legal profession or that promote public understanding of and confidence in the justice system and that are not prohibited by this code or other law. Such pro bono activity may include activity that is related to judicial activity, but not required to fulfill the duties of judicial office.

Code Comparison

The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Rule 3.7 by adding paragraphs (7) and (8).

(b) A judge may encourage lawyers to provide pro bono publico legal services.

Haw. Code. Jud. Cond. 3.7

Amended February 11, 2010, effective 7/1/2010.

COMMENT:

[1] The activities permitted by Rule 3.7(a) generally include those sponsored by or undertaken on behalf of public or private not-for-profit educational institutions and other not-for-profit organizations, including law-related, charitable, and other organizations.

[2] Even for law-related organizations, a judge should consider whether the membership and purposes of the organization, or the nature of the judge's participation in or association with the organization, would conflict with the judge's obligation to refrain from activities that materially reflect adversely upon a judge's independence, integrity, impartiality,temperament, or fitness to fulfill the duties of judicial office.

Code Comparison

The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Comment [2] by adding "materially" and "temperament, or fitness to fulfill the duties of judicial office."

[3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not constitute a violation of Rule 3.7(a)(4). It is also generally permissible for a judge to serve as an usher or a food server or preparer, or to perform similar functions, at fund-raising events sponsored by educational, religious, charitable, fraternal, or civic organizations, as long as the judge does so without using the judge's title. Such activities are not solicitation and do not present an element of coercion or misuse the prestige of judicial office. [4]Identification of a judge's position in educational, religious, charitable, fraternal, or civic organizations on letterhead used for fund-raising or membership solicitation does not violate this Rule. The letterhead may list the judge's title or judicial office if comparable designations are used for other persons.

[5] In addition to appointing lawyers to serve as counsel for indigent parties in individual cases, a judge may promote broader access to justice by encouraging lawyers to participate in pro bono publico legal services, if in doing so the judge does not employ coercion or misuse the prestige of judicial office. Such encouragement may take many forms, including providing lists of available programs, training lawyers to do pro bono publico legal work, and participating in events recognizing lawyers who have done pro bono publico work.

[6] Examples of "pro bono activity . . . related to judicial activity, but not required to fulfill the duties of judicial office" include:

(i) judging moot court for law school classes, high school mock trials or We the People competitions;

(ii) giving speeches or presentations on law-related topics, such as (a) at the Judiciary's Lunch and Learn the Law events, (b) to a bar association or section, or (c) to other groups, like high school civics classes or Rotary Club groups;

(iii) serving on Judiciary committees, such as the rules committees;

(iv) serving on the board of a law-related organization, such as the American Judicature Society, or delivering presentations on behalf of such organizations; or

(v) serving on continuing legal education committees, Bar Association committees, and committees of the Access to Justice Commission.