Can’t do the canned food drive
September 3, 2008
Stung by an ethics opinion that bars her from taking donations for a canned food drive in lieu of $50 in court fines, a Montana judge is looking for alternatives — and questioning whether the ruling could have broader ramifications.
According to stories by the Associated Press and the local CBS-TV affiliate, Municipal Court Judge Nancy Luth of Great Falls, Mont., has held a canned food drive every December since 1994. Defendants who pay their court fines in monthly installments are allowed to substitute 10 cans of food for their $50 payment that month. A food bank spokeswoman estimated that, since 1994, the drive has contributed 23 tons of food.
But Luth canceled the food drive after receiving a letter from the chairman of the state’s Judicial Standards Commission, which considers the practice improper. Now she hopes the city commission can come up with another way to bring in donations.
At a city commission meeting on Tuesday, Luth said she’s also worried about the effect of the ethics commission’s position on court-ordered community service.
“[I]n fact we have a situation where you cannot benefit a non-profit,” she said. “Then I don’t know how we can order people to go work for the children’s museum, the Heisey and all the other places we send people who can’t pay fines.”
What do you think: is this creative sentencing just a little too creative? The idea is not without some appeal, but should the power of the judiciary be used to benefit the judge’s favorite charity?
BARBARA GRZINCIC, Managing Editor/Law
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