Opinion 154
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-1.1 Compliance with the Law; 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities; and 2.34 Appointments to Governmental Positions.)
Issue:
May a judge serve as a member of the board of directors for a non-for-profit corporation which is primarily funded by the State of Missouri?
Discussion:
The Commission on Retirement, Removal and Discipline has previously opined in Opinion 104 that Supreme Court Rule 2, Canon 5(B) allows a judge to serve as a member of the board of directors of a non-for-profit corporation subject to certain restriction which are set out in that Opinion.
The current issue before the Commission is whether the fact that the non-for-profit corporation received its primary funding from the State of Missouri changes the characterization of the judge’s service from that of being involved in a civic or charitable activity to being involved with a governmental committee or commission. Civic and charitable activities are governed by Canon 5(B) and governmental committees and commissions are governed by Canon 5(G). In the opinion of the Commission on Retirement, Removal and Discipline in the fact the primary funding of the non-for-profit corporation comes from the State of Missouri does not change the characterization of the judge’s service as that of being a civil or charitable activity. As a result the judge may serve on the board of directors of such a non-for-profit corporation but subject to the restrictions as previously set out in Opinion 104.
(Dated: October 10, l990)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 154
Issue:
May a judge serve as a member of the board of directors for a non-for-profit corporation which is primarily funded by the State of Missouri?
Discussion:
The Commission on Retirement, Removal and Discipline has previously opined in Opinion 104 that Supreme Court Rule 2, Canon 5(B) allows a judge to serve as a member of the board of directors of a non-for-profit corporation subject to certain restriction which are set out in that Opinion.
The current issue before the Commission is whether the fact that the non-for-profit corporation received its primary funding from the State of Missouri changes the characterization of the judge’s service from that of being involved in a civic or charitable activity to being involved with a governmental committee or commission. Civic and charitable activities are governed by Canon 5(B) and governmental committees and commissions are governed by Canon 5(G). In the opinion of the Commission on Retirement, Removal and Discipline in the fact the primary funding of the non-for-profit corporation comes from the State of Missouri does not change the characterization of the judge’s service as that of being a civil or charitable activity. As a result the judge may serve on the board of directors of such a non-for-profit corporation but subject to the restrictions as previously set out in Opinion 104.
(Dated: October 10, l990)