Opinion 74-9
August 2, 1974

Re: Canon 2B;5C(4)c) ;6B(2)

Gentlemen:

In your letters of June 19, and 20, 1974, you request an opinion as to whether a waiver of a membership valued at $250 and dues of $175 for the judges of the Judicial Circuit to dine in a private restaurant club should be reported as a gift under the Code of Judicial Conduct.

You also inquire as to whether said membership fee of $250 and dues of $175 should be reported under Section 112.311 et seq.; or would compliance with Canon 6 of the Code supersede the statutory requirements.

With one member dissenting, the Committee suggests that the acceptance of a waiver of membership fee and dues fee, the value of which is capable of ascertainment should be reported as a gift in accordance with Canon 5C(4)(c) and Canon 6B(2).

The Committee, without dissent, agrees that compliance with Canon 6, supersedes the statutory requirements, including House Bill 3418 Acts of 1974, relating to financial reporting and it would not be necessary for the judges to file reports under the designated statutes since said reports would be filed under Canon 6.

It is further suggested you may consider that portion of Canon 2 B which states:

"He should not lend the prestige of his office to advance the private interest of others, nor should he convey or permit others to convey the impression that they are in a special position to influence him."

Thank you for referring this inquiry to us, and with high esteem and kind regards, I am

/s/GUNTER STEPHENSON, as
Chairman, Committee on Standards of
Judicial Conduct