Opinion 91
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(4).)
Issue:
May a judge serve on the Advisory Board of St. Joseph State Hospital? Members of the board are not paid for their services. Their function would be to advise St. Joseph State Hospital on budget matters. Mental health commitment proceedings involving the hospital and members of the hospital staff are frequently held before the judge.
Discussion:
Supreme Court Rule 2, Canon 5B(1) states:
In the Opinion of the Commission on Retirement, Removal and Discipline, the judge should not serve on the Advisory Board. Such services would violate Supreme Court Rule 2 Canon 5B(1) since St. Joseph State Hospital is likely to be engaged in proceedings that would come before the judge.
(Dated: November 19, l982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 91
Issue:
May a judge serve on the Advisory Board of St. Joseph State Hospital? Members of the board are not paid for their services. Their function would be to advise St. Joseph State Hospital on budget matters. Mental health commitment proceedings involving the hospital and members of the hospital staff are frequently held before the judge.
Discussion:
Supreme Court Rule 2, Canon 5B(1) states:
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.
In the Opinion of the Commission on Retirement, Removal and Discipline, the judge should not serve on the Advisory Board. Such services would violate Supreme Court Rule 2 Canon 5B(1) since St. Joseph State Hospital is likely to be engaged in proceedings that would come before the judge.
(Dated: November 19, l982)