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...