R.i. Sup. Ct. R. 3.7

As amended through June 7, 2024

Rule 3.7 - Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and 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, and a judge may serve as an officer, director, trustee, or non-legal advisor to such organizations or entities, except that a judge shall not:

(1) solicit* contributions* or allow his or her title to be used to solicit contributions for such an organization or entity, except from members of the judge's family,* or from judges over whom the judge does not exercise supervisory or appellate authority;

(2) solicit membership for such an organization or entity unless the organization or entity is concerned with the law, the legal system, or the administration of justice;

(3) make recommendations to a public or private fund-granting organization or entity in connection with its programs and activities, unless the organization or entity is concerned with the law, the legal system, or the administration of justice; or

(4) participate in activities sponsored by such an organization or entity, including serving as an officer, director, trustee, or non-legal advisor of such an organization or entity, if it is likely that the organization or entity:

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

(b) will be engaged in adversary proceedings in the court of which the judge is a member.

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

R.i. Sup. Ct. R. 3.7

Revised 9/1/2023.

COMMENT

[1] Some examples of a judge's acceptable participation in the organizations and entities outlined in this rule include, but are not limited to, assisting such organizations or entities in planning related to fund-raising, participating in the management and investment of the organizations' or entities' funds, and appearing or speaking at, receiving an award or other recognition at, being featured on the program of an event of such organizations or entities. Any participation by the judge in these activities is always subject to the requirements and restrictions listed in this Rule and Rule 3.1.

[2] The changing nature of some organizations and their relationship to the law make it necessary for a judge to regularly re-examine the activities of each organization and entity with which the judge is affiliated to determine if it is proper for the judge to continue the affiliation. 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 reflect adversely upon a judge's independence,* integrity,* and impartiality.* A judge should disqualify himself or herself in any case in which the decision could affect any organization or entity with which he or she is affiliated as an officer, director, trustee, or non-legal advisor.

[3] Mere attendance at an event, whether or not the event serves a fund-raising purpose, does not constitute a violation of this rule. 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. Such activities are not solicitation and do not present an element of coercion or abuse 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 abuse 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.