A draft ethics opinion recommends California judges should not attend law office celebrations with free food and drinks.

The California Supreme Court’s Committee on Judicial Ethics Opinions released the draft opinion for comments, due by July 10, 2023.

The draft was released in response to a question by a judge who asked whether he could accept an invitation to attend a firm’s 50th anniversary celebration.

The draft opinion highlights how now-disbarred trial lawyer Tom Girardi escaped discipline after hosting parties and events attended by employees of the State Bar of California. His “lavish” parties were also attended by judges, prosecutors and other attorneys, according to a report by the California Bar.

The proposed ethics opinion states that attending a firm’s celebration could raise questions about the judge’s impartiality in cases involving the firm, could lend prestige to advance the firm’s interests, and could violate the ban on accepting some gifts.

Judges can accept gifts of little value in connection with “ordinary social hospitality.” But firms’ celebrations do not qualify for the exception because their events generally have a business purpose, according to the draft opinion.

There could be some situations in which judges could attend a firm’s function. Some examples are the celebration of a firm with which the judge had a prior relationship that would warrant disqualification, or the opening of an adult child’s legal practice or a firm’s holiday party where the judge’s spouse works.

“Even in such cases,” the draft opinion states “judicial officers are advised to ensure that the law firm does not use the judicial officer’s position to improperly lend prestige to the law firm, for example, by introducing the judicial officer by title as a special guest in the presence of clients.”

A separate footnote states that “in recent years, law firms have increasingly hosted law student mixers and events to promote diversity in the legal profession. When deciding whether to attend such events, judicial officers are advised to consider whether the event appears to promote a particular law firm or whether it is geared to improvement of the law and legal system in general.”

You can read more about this opinion here.

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