Judicial Ethics Opinion 2004-3

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

ANSWER: No

DISCUSSION:

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 ..."

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.

/s/ Robert L. Bailey, Chairman

/s/ Robert D. Simms, Viee Chairman

/s/ Milton C. Craig, Secretary