JOINT ABA COMMISSION RELEASES DRAFT ETHICS RULES REVISIONS
REGARDING GIFTS TO JUDGES

CHICAGO, Oct. 5, 2004 -- The American Bar Association Joint Commission to Evaluate the Model Code of Judicial Conduct today released proposed code revisions governing gifts to judges and judicial attendance at expense-paid seminars.

"The changes that are proposed in our draft terminology definitions and Rules 4.13 through 4.16 would require judges to consider whether a gift would reasonably be perceived as intended to influence performance of judicial duties. Additionally, they would specify items and benefits that in most cases would not be gifts and could be accepted, distinguishing them from those that are gifts that may be accepted but must be publicly reported," said Mark I. Harrison of Phoenix, commission chair. "Finally, it would set monetary limits on the value of items or benefits that could be accepted."

"We are circulating this draft revision of portions of the code to seek comment," said Harrison.

"The joint commission is continuing to review the Code provisions dealing with judicial political activity and election campaign speech, along with the preamble and terminology sections. When we have completed our initial drafting process and received comments on our proposals, we will consider how we can make additional improvements," he said.

The proposed new language is posted on the ABA Web site at www.abanet.org/judicialethics/drafts.html, with previous drafts of proposed revisions. The current model code is posted at www.abanet.org/cpr/mcjc/mcjc_home.html. Comments should be directed to commission counsel Eileen Gallagher by Nov. 1 at gallaghE@staff.abanet.org or at the ABA Justice Center, 321 N. Clark St., Chicago, IL 60610.

Proposed for the code's terminology section is a gift definition that includes, among other things, gratuities, favors, discounts, entertainment, loans or anything of monetary value, but also identifies exceptions. The exceptions include ordinary social hospitality extended by individuals, not corporations, limited to modest items common in the judge's community; presentation items, such as plaques and trophies, that have little intrinsic value; and loans, discounts, scholarships and fellowships or other opportunities and benefits available or awarded on the basis of factors other than judicial status. Also expressly excluded from the gift definition, but addressed separately in the draft rules, are reimbursements for or waiver of travel-related expense and compensation for extra-judicial activities.

Draft Rule 4.13 lists gifts that judges would be free to accept, requiring that they be publicly reported if the value of any single gift or if the aggregated value of gifts from a single source in one year exceeds $250.

Draft Rule 4.14 would allow a judge to accept from sources other than the judge's employer reimbursement for or waiver of necessary expenses to participate in extrajudicial activities, if doing so would not cast reasonable doubt on the judge's capacity to act with impartiality, integrity or independence. The reimbursement would be limited to actual costs reasonably incurred for travel, food and lodging for the judge and, where appropriate, a spouse or guest. The rule would require public disclosure at least quarterly of any reimbursement or waiver for a single expense exceeding $100 or for aggregated expenses from the same source exceeding $100 per year.

Draft Rule 4.15 would permit judges to accept reasonable compensation for permitted extrajudicial activities, such as speaking fees, as long as the amount does not exceed fees for a person who is not a judge, and as long as it would not cast reasonable doubt on the judge's capacity to act with impartiality, integrity or independence.

Rule 4.16 would require judges to report the date, place and nature of any activity for which the judge received compensation, reimbursement or waiver of charges, the source and the value. The report would be required at least quarterly, filed as a public document with the clerk of the court on which the judge serves or in any other office designated by law. When technically feasible, the rule also would require posting the report on a Web site of the court or office.

With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.

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