122721 SCJEO, ETH 15-2021

Case DateDecember 27, 2021
CourtSouth Carolina
ETH 15-2021
No. 15-2021
South Carolina Judicial Ethics Opinion
Advisory Committee On Standards Of Judicial Conduct
December 27, 2021
         RE: The propriety of a part-time municipal judge acting as moderator for a “Meet the Candidates” event for a homeowners association.           LETITIA H. VERDIN, CHAIR          FACTS          A part-time municipal judge is also a member of a homeowners association (“the association”). The association is not part of any government entity. Two of the association’s board members have stepped down and eight candidates are now running for those positions. The association is holding an event for members to meet the candidates. The event will be in-person and also recorded, but it will not run live virtually. As a moderator, the judge would be asked to review submitted questions from the membership and select ones that will be asked of each of the eight candidates; the judge may also ask his/her own questions. The board outreach committee may opt to submit a few questions that they would like asked of the candidates, but the remainder will come from the judge, the members in advance of the meeting, or by the members at the in-person meeting. With assistance from association staff, the judge would help the candidates remain within time limits for their answers, as well as rotating the order in which candidates answer the questions. Currently, the judge does not even know the names of the eight candidates and will not be endorsing or supporting any of them, but will simply serve as a neutral moderator.          CONCLUSION          The judge may serve as a moderator for an event in which candidates for the board of a homeowner’s association will appear and answer member questions.          OPINION          Previously, this Committee has only issued two opinions involving a homeowner or property owner’s association. In Opinion 2-1983, we found that a magistrate should not serve in any type of administrative or controlling capacity in a landowner association (but did find the judge could be a member provided the judge adhere to other provisions of the Canons). In that situation...

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