In the Matter of the Amendment
of the revised OREGON CODE
OF JUDICIAL CONDUCT rule JR 3-102
ORDER No. 02-088
ORDER AMENDING THE OREGON
CODE OF JUDICIAL CONDUCT.
The Oregon Judicial Conference, on May 7, 2002, recommended amendment of the Oregon Code of Judicial Conduct Judicial Rule (JR) 3-102.
At its public meeting on July 9, 2002, the Oregon Supreme Court adopted the amendment recommended by the Oregon Judicial Conference with a modification as set out below and made that adoption contingent upon subsequent review and approval of the modification by the Executive Committee and Judicial Conduct Committee of the Oregon Judicial Conference. The approval of the Judicial Conduct Committee was communicated on August 22, 2002. The approval of the Executive Committee was communicated on August 28, 2002.
THEREFORE, the Supreme Court for the State of Oregon, pursuant to the Oregon Constitution, Article VII (Amended), Section 8(e), orders that the Oregon Code of Judicial Conduct (Code) adopted by Supreme Court Order (SCO) No 95-095 and subsequently amended by SCO Nos. 97- 054, 99- 053, 99-057, and 02-060, is further amended as follows:
A. JR 3-102 is amended as follows (material to be deleted is bracketed "[. . .]" and in italics, new language is underlined and in bold):
"(A) JR 3-102(A) A judge shall not personally solicit funds for any private or public entity or for any educational, religious, charitable, fraternal, political, or civic organization, or use or permit the use of the prestige of the judicial office, including a reference to the judge's official position, for that purpose. Except as provided in JR 3-101, a judge may serve as an officer, director, or trustee of such an organization.
"(B) Notwithstanding subsection (A), a judge may:
"(1) Assist a private or public entity devoted to improvement of the law, legal education, the legal system, or the administration of justice in raising, managing, or investing funds;
"(2) Personally solicit funds from or make recommendations to private and public granting agencies with respect to private or public entities devoted to the improvement of the law, legal education, the legal system, or the administration of justice;
"(3) Permit the judge's name and position to be identified in stationery or other materials listing officers, directors, trustees, or committee members of a private or public entity devoted to the improvement of the law, legal education, the legal system, or the administration of justice;
"(4) Appear at, participate in, or permit the judge's name or title to be used in connection with fundraising events for private or public entities devoted to the improvement of the law, legal education, the legal system, or the administration of justice.
"(5) Assist a not-for-profit private or public educational, religious, charitable, fraternal, or civic organization in raising, managing, or investing funds. Such assistance may not include making a direct request for financial support for the entity as part of the judge's involvement or permitting the judge's title to be used in connection with such a request.
"(C) 'Personally solicit funds,' as used in this rule, means: A direct request for financial support in person, by letter, by telephone, or by any other means of communication but does not include receiving and handling funds or goods donated or offered in exchange for goods or services sold to raise funds.
"(D) 'Assist . . . in raising, managing, or investing funds,' as used in this rule, means: any fundraising activity other than personally soliciting funds."
B. The amendment to the Code enacted by part "A" of this order first becomes effective September 1, 2002.
C. The amendment to the Code enacted by part "A" of this order will be placed on the agenda of the 2003 annual meeting of the Oregon Judicial Conference for ratification of the modification by the Court or further recommendation.
Dated this 28th day of August, 2002.
Wallace P. Carson, Jr.
Chief Justice of the Oregon Supreme Court