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Opinion 146

The Commission has been asked for an Advisory Opinion as to whether it is appropriate under Canon 3 for a part-time Magistrate to engage in development work for Emory University, Georgia Tech and the High Museum which involves some aspects of fund raising even though he may not in any way refer to his judicial position in the course of his employment in such development activities.

Rule 3.7(B)(2) provides, in part, as follows:

Judges should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of their office for that purpose, . . . .

From this it is clear that the Canon prohibits a judge from participating in fund raising activities totally without regard to whether his judicial position is, or is not, disclosed in the course of such activities.

For that reason, the question must be answered in the negative.

[Pertinent Code of Judicial Conduct provisions: Rules 2.4(B), 3.7(B)(2). Cross reference to other relevant opinions for review: #15, #17, #24, #43, #89, #117, #133, #138, #139, #145, #161, #164, #186.]

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