Written by attorneys · grounded in primary & secondary sources — see below
A descriptor for organizations or associations based on brotherhood or mutual support among members. The label identifies nonprofit groups such as lodges and benefit societies that judges may join or assist under judicial conduct rules.
Sources & Authorities
How it applies
Common Examples
6
Judge Joins Fraternal Lodge Board
Judge Francesca Fowler agrees to serve on the board of a local fraternal lodge that runs youth mentorship programs. The lodge invites her to appear at its annual fundraiser and to allow her title on the invitation. Because the event is sponsored by a qualifying nonprofit fraternal organization and does not concern matters before her court, the rules permit her participation.
Tax Status of Fraternal University Group
Fabian Flynn leads a fraternal student society at a private university. The society applies for tax-exempt status while maintaining nondiscrimination policies. The IRS evaluates eligibility under federal tax rules applicable to nonprofit fraternal organizations.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Bob Jones University v. United States461 U.S. 574, 600, 103 S.Ct. 2017, 76 L.Ed.2d 157 (1988)
Class Action Involving Fraternal Benefit Society
Fernando Farrell and other members of a fraternal benefit society sue the society over dividend calculations. Separate suits by individual members would practically determine the rights of absent members. The court therefore considers certification standards under Rule 23(b)(1)(B).
Ortiz v. Fibreboard Corp.527 U.S. 815, 842 (1999)
Full Faith and Credit for Fraternal Benefit Limit
Felicity French, beneficiary of a fraternal benefit policy issued in State A, sues in State B after the insurer denies her claim under a duration limit allowed by State A law. State B must consider full faith and credit obligations toward the incorporating state's rules.
Hughes v. Fetter341 U.S. 609 (1951)
Fraternal Order Amicus Filing
Floyd Franklin, a police officer, sues a county for injuries sustained during a high-speed chase. The Fraternal Order of Police files an amicus brief supporting the county's qualified-immunity defense. The brief highlights practical effects on law-enforcement officers nationwide.
County of Sacramento v. Lewis523 U.S. 833 (1998)
Fraternal Monument in Public Park
Farah Fox's religious group seeks to erect a monument in a city park that already displays a Ten Commandments monument donated by the Fraternal Order of Eagles. The city denies the request. The denial is upheld because the existing display is government speech rather than a forum for private expression.
Pleasant Grove City, Utah v. Summum555 U.S. 460 (2009)
Common questions
Frequently Asked
4
May a judge serve as an officer of a fraternal organization?+
Yes. Rule 3.7(A) expressly permits a judge to serve as an officer or director of a fraternal organization that is not conducted for profit, provided the organization is unlikely to appear before the judge and the service complies with Rule 3.1.
When may a judge be featured at a fraternal organization's fundraising event?+
A judge may appear, speak, and be featured at a fundraising event sponsored by a nonprofit fraternal organization, subject to the limitations of Rule 3.1, even when the event is not itself law-related.
Does the term fraternal include groups that practice invidious discrimination?+
No. A judge may not use the benefits or facilities of a fraternal organization that the judge knows practices invidious discrimination on bases such as race, sex, or religion.
Is an office in a fraternal organization treated as a financial interest for disqualification purposes?+
No. An office in a fraternal organization is not a financial interest in securities held by the organization under 28 U.S.C. § 455(d)(4)(ii).
341 U.S. 609 (1951)Conflict of Laws
…in the Wolfe case that the forum was required to give full faith and credit to a law of the state of incorporation allowing a fraternal benefit society to limit the duration of its liability. It is not merely a bit of rhetoric to caution against imposing on the courts of the forum a “state of vassalage.” Hawkins v.…