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In a draft ethics advisory open for comment, the California Supreme Court’s Committee on Judicial Ethics Opinions urges judges in the state to refrain from attending law firm celebrations held at the firm’s offices, where complimentary food and beverages are provided. The committee’s draft opinion responds to a query regarding the permissibility of a judicial officer attending a law firm’s 50th-anniversary celebration.
According to the draft, the presence of a judicial officer at such an event could potentially imply a special relationship between the judge and the law firm. This, in turn, might undermine the impartiality of the judiciary and create the perception that the law firm holds influence over the judge’s judicial decisions. Additionally, the draft notes that the judge’s attendance at such an event could improperly lend judicial prestige to promote the law firm’s interests, suggesting that the firm is favored or endorsed by the judiciary. Moreover, as law firm celebrations primarily serve the purpose of business development, the complimentary food and beverages provided at these events are considered gifts that do not fall under any exceptions to the general prohibition against accepting gifts.
This opinion comes at a time when the legal community in California is grappling with the fallout of revelations surrounding disbarred celebrity plaintiffs’ lawyer, Thomas Girardi, who evaded accountability for numerous complaints over several decades, including allegations of client theft. Girardi had cultivated relationships with influential figures throughout the state and the legal system, hosting extravagant parties attended by politicians, judges, prominent attorneys, prosecutors, and officials from the State Bar.
The draft advisory highlights that judges are frequently invited to events hosted by law firms. However, before accepting such invitations, judges must carefully consider whether their attendance might compromise public confidence in the impartiality of the judiciary or create the perception that the law firm holds a special position to influence the judge. The draft advisory emphasizes that attending a law firm celebration should be distinguished from participating in bar association or legal education events sponsored by law firms, as the latter activities typically do not undermine judicial impartiality, and specific exceptions to the gift prohibition apply.
The judicial canons allow judges to accept gifts of nominal value, provided that such gifts neither influence nor reasonably give the impression of intending to influence the judge in the performance of their judicial duties. However, the draft recommends exceptions to the general rule for functions hosted by lawyers that lack a business purpose. For instance, attending a memorial service for a deceased lawyer or a law firm celebration of an adult child or spouse would not be prohibited, as the judge would already be disqualified from presiding over matters involving the law firm, and exceptions to the gift prohibition would apply. Additionally, attending bar association events sponsored by law firms is not prohibited.
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Interested parties have until July 10 to comment on the draft ethics advisory before it is finalized. The issuance of such guidance reflects the ongoing efforts within the California judiciary to ensure the integrity of the legal system and maintain public trust in the impartiality of judges. By setting clear expectations and standards for judicial conduct, the committee aims to address concerns regarding potential conflicts of interest and preserve the fundamental principles of fairness and justice that underpin the judiciary’s role in society.
