Standard 1(O) Acceptance of gifts, recognitions, and invitations

1. A judge must not accept, and must urge members of the judge’s family residing in the judge’s household not to accept, a gift, favor, or loan from anyone except for: (a) a gift incident to a public testimonial, books, tapes and other resource materials supplied by publishers, law schools, or bar organizations on a complimentary basis for official use, or an invitation to the judge and the judge’s spouse or guest to attend a bar- related function or an activity devoted to the improvement of the law, the legal system, or the administration of justice; (b) a gift, award, or benefit incident to the business, profession, or other separate activity of a spouse or other family member of a judge residing in the judge’s household, including gifts, awards, and benefits for the use of both the spouse or other family member and the judge (as spouse or family member), provided the gift, award, or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties; (c) ordinary social hospitality;

(d) a gift from a relative or friend, for a special occasion, such as a wedding, anniversary, or birthday, if the gift is fairly commensurate with the occasion and the relationship; (e) a gift, favor, or loan from a relative or close personal friend whose appearance or interest in a case would in any event require recusal; (f) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; or (g) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants.

2. Because a gift, favor, or loan to a member of the judge’s family residing in the judge’s household might be viewed as intended to influence the judge, a judge must inform those family members of the relevant ethical constraints upon the judge in this regard and discourage those family members from violating them. A judge cannot, however, reasonably be expected to know or control all of the financial or business activities of all family members residing in the judge’s household. A gift to a judge, or to a member of the judge’s family living in the judge’s household, that is excessive in value raises questions about the judge’s impartiality and the integrity of the judicial office and might require recusal of the judge where disqualification would not otherwise be required.

3. Acceptance of invitations to law-related functions and other social events are governed by the following:

(a) Virginia judges have traditionally participated in numerous bar-related functions and in a wide variety of educational, religious, charitable, fraternal, social, and civic activities. The sponsors of such events frequently waive registration and other fees associated with the events, and sometimes reimburse or provide necessary travel, food, lodging, and incidental expenses, to allow and encourage judges to participate. Such participation by judges in the legal community and the general community is encouraged.

(b) A judge’s acceptance of an invitation from an attorney or a law firm or an association to a law-related function or social event does not automatically disqualify a judge from cases in which the attorney or law firm are involved as parties or as counsel. However, before accepting such an invitation or testimonial, a judge should consider all of the circumstances that may make the acceptance, individually or when viewed in relation to other accepted invitations and testimonials, appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality and thus to require recusal. These factors may include: whether the costs of the event are reasonable and comparable to those associated with similar events sponsored by the judiciary, bar associations, or similar groups; whether the event is primarily educational rather than recreational; whether the sponsor is an educational institution or bar association rather than a trade association or for- profit entity; whether the funding for the event comes largely from numerous contributors rather than from a single entity; whether the sponsor or source of funding is generally associated with particular parties or interests currently appearing or likely to appear before the judge; whether differing viewpoints are presented; whether a broad range of judicial and, if not a legal event, non-judicial participants are invited; whether a large number of participants are invited, and whether the program is designed specifically for judges.