Advisory Opinion No. 2005-42

Re:  The Honorable Frank Caprio

QUESTION PRESENTED:

The petitioner, a judge of the City of Providence Municipal Court, a municipal appointed position, requests an advisory opinion regarding whether the Code of Ethics prohibits him from appearing in political advertisements relating to his son's campaign to become the General Treasurer of the State of Rhode Island.

RESPONSE:

It is the opinion of the Rhode Island Ethics Commission that that the Code of Ethics does not prohibit the petitioner, a judge of the City of Providence Municipal Court, a municipal appointed position, from appearing in political advertisements relating to his son's campaign to become the General Treasurer of the State of Rhode Island.

The petitioner is a part-time municipal court judge on the City of Providence Municipal Court.  He states that he also maintains a private law practice in Rhode Island.  The petitioner represents that his son, Frank T. Caprio, is a candidate for General Treasurer of Rhode Island.  He states that he wishes to appear in political advertisements for his son's campaign, and that any such appearances will be on his personal time and without the use of any Providence Municipal Court resources.

Under the Code of Ethics, the petitioner may not have any interest which is in substantial conflict with the proper discharge of his duties or employment in the public interest.  R.I. Gen. Laws § 36-14-5(a).  The petitioner will have an interest in substantial conflict with his official duties if he has a reason to believe or expect that a "direct monetary gain" or a "direct monetary loss" will accrue, by virtue of his official activity, to himself, a family member, a business associate, an employer, or any business which he represents.  See R.I. Gen. Laws § 36-14-7(a).  Additionally, he may not accept other employment which will either impair his independence of judgment as to his official duties or require him, or induce him, to disclose confidential information acquired by him in the course of his official duties.  R.I. Gen. Laws § 36-14-5(b). 

In an analogous advisory opinion, A.O. 98-109, the Commission previously determined that the Code of Ethics did not prohibit an Administrative Assistant to the Westerly Finance Director, a municipal employee position, from volunteering to assist a candidate in his campaign for State Representative for the 51st District in Westerly. This opinion was based upon representations (1) that the campaign activity concerned the petitioner’s private conduct outside the scope of her public duties; (2) the petitioner did not hold a public position concerning elections; and (3) public resources and time would not be used in the pursuit of political activity.  See also A.O. 2002-35 (North Providence Town Solicitor may serve as treasurer of Mayor's reelection campaign committee).

The facts represented in the instant matter are consistent with those made in these prior opinions.  The petitioner's public duties do not involve state-wide elections, and he represents that no public time or resources will be used in the pursuit of the described political activity.  Accordingly, it is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the petitioner, a municipal court judge, from appearing in a family member's campaign advertisements.  This opinion does not, and cannot, address whether any municipal charter or ordinance, or any statute, agency regulation, ruling, policy or canon of judicial conduct prohibits such activity.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-6

36-14-7(a)

Related Advisory Opinions:

2002-34

98-109

Keywords:

Political activity