JUDICIAL ETHICS OPINION 2004-3

¶0 May a judge charge a reasonable fee for performing a wedding after court hours outside of the courthouse?

¶1 ANSWER: No

Canon 4 D.  Financial Activities.

(1)  A judge should not engage in financial dealings that:

(a) may reasonably be perceived to exploit the judge’s judicial position, or . . ."

¶3 Personal retention of payment for performing a marriage is an exploitation of judicial office for personal gain. But for the judge’s judicial status, the judge would not have the legal capacity to perform a legally binding marriage ceremony.

Filed: October 27, 2004

/s/ Robert L. Bailey, Chairman
/s/ Robert D. Simms, Vice Chairman
/s/ Milton C. Craig, Secretary