Opinion 104
(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, Subdivisions (A)(1), (4), & (5).)
Issue:
May an associate circuit judge serve as a member of the board of directors for the Alternative Dispute Resolution Center? The Center is a not-for-profit corporation which is involved in the resolution of housing related disputes through voluntary mediation. The judge would not be paid and would be involved in establishing policies for the operation of the Center and would not serve as a mediator or in the day to day operation of the Center.
Discussion:
Supreme Court Rule 2, Canon 5B states:
The Alternative Dispute Resolution Center is a not-for-profit corporation and is not a government agency. Accordingly, the appropriate rule is Canon 5B relating civic and charitable activities. In the opinion of the Commission on Retirement, Removal and Discipline, service on the board of directors of this corporation would not reflect adversely upon the judge’s impartiality or interfere with the performance of the judge’s judicial duties. The Center provides for voluntary mediation and if that mediation fails, the parties have a remedy in court. However, as the judge would not be involved in the day to day operation of the Center, it is not likely that the Center itself would ever appear before the judge in an adversary proceeding. Additionally, since the judge is not involved in mediating specific cases, disqualification would not be required in those cases which are not settled and appear in a contested suit before the judge.
Finally, the judge should take care to avoid the use of the judge’s name in fund raising activities and further should avoid giving legal advice to the Center.
(Dated: September 10, l984)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 104
Issue:
May an associate circuit judge serve as a member of the board of directors for the Alternative Dispute Resolution Center? The Center is a not-for-profit corporation which is involved in the resolution of housing related disputes through voluntary mediation. The judge would not be paid and would be involved in establishing policies for the operation of the Center and would not serve as a mediator or in the day to day operation of the Center.
Discussion:
Supreme Court Rule 2, Canon 5B 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.
(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 an 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.
(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 an 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.
The Alternative Dispute Resolution Center is a not-for-profit corporation and is not a government agency. Accordingly, the appropriate rule is Canon 5B relating civic and charitable activities. In the opinion of the Commission on Retirement, Removal and Discipline, service on the board of directors of this corporation would not reflect adversely upon the judge’s impartiality or interfere with the performance of the judge’s judicial duties. The Center provides for voluntary mediation and if that mediation fails, the parties have a remedy in court. However, as the judge would not be involved in the day to day operation of the Center, it is not likely that the Center itself would ever appear before the judge in an adversary proceeding. Additionally, since the judge is not involved in mediating specific cases, disqualification would not be required in those cases which are not settled and appear in a contested suit before the judge.
Finally, the judge should take care to avoid the use of the judge’s name in fund raising activities and further should avoid giving legal advice to the Center.
(Dated: September 10, l984)