Opinion 9
(This Opinion discusses a prior version of the Canons of Judicial Conduct: the most comparable current rule is Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities)
Issue:
Can an Associate Circuit Judge serve as a trustee for a hospital where there is no compensation and meetings are on once a month basis?
Discussion:
The Code of Judicial Conduct states:
The Canons of Ethics clearly reflects that a judge may serve as a trustee for a hospital. However, the judge may not do so if that hospital is likely to be engaged in proceedings before him and he may not solicit funds or give investment advice to that hospital.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 9
Issue:
Can an Associate Circuit Judge serve as a trustee for a hospital where there is no compensation and meetings are on once a month basis?
Discussion:
The Code of Judicial Conduct states:
Canon 5
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B. Civic and Charitable Activities. A judge may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:
(1) A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him or will be regularly engaged in adversary proceedings in any court.
Commentary
The changing nature of some organizations and of their relationship to the law makes it necessary for a judge regularly to re-examine the activities of each organization with which he is affiliated to determine if it is proper for him to continue his relationship with it.
(2) A judge should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of his office for that purpose, but he may be listed as a officer, director, or trustee of such an organization. He should not be a speaker or the guest of honor at an organization’s fund raising events, but he may attend such events.
(3) A judge should not give investment advice to such an organization, but he may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
(3) A judge should not give investment advice to such an organization, but he may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
The Canons of Ethics clearly reflects that a judge may serve as a trustee for a hospital. However, the judge may not do so if that hospital is likely to be engaged in proceedings before him and he may not solicit funds or give investment advice to that hospital.
(Undated)