Opinion 159
(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; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities.)
Issue:
May an associate circuit judge serve as an advisory director of Reach Out America, Inc.? Reach Out America, Inc. is a non-profit corporation organized for the purpose of providing information and education to school aged children about the effect of drugs and alcohol on their bodies and their lives in general. The judge would be an advisory director and would have no day to day responsibility in the operation of the organization and would receive no pay. The organization is not engaged in the lobbying for legislation and would only rarely, if ever, appear in court.
Discussion:
Supreme Court Rule 2, Canon 5B states:
In Opinion 124 the Commission previously held that a judge could serve as a trustee to an educational trust so long as the trust was not likely to be engaged in proceedings before the judge. In Opinion 104 the Commission determined that a judge may serve as a member of the board of directors of a non-for-profit corporation subject to certain restrictions.
In the opinion of the Commission on Retirement, Removal and Discipline, the Judge’s service as an advisory director for Reach Out America, Inc. is permitted under Canon 5B, as such service would not reflect adversely upon the Judge’s impartiality or interfere with the performance of the Judge’s judicial duties. Also, as the Judge is not involved in the day to day operation of the non-for-profit corporation and as the corporation seldom if ever appears as a party in court, it is not likely that the corporation would ever appear before the Judge in an adversary proceeding.
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 corporation.
(Dated: December 6, 1991)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 159
Issue:
May an associate circuit judge serve as an advisory director of Reach Out America, Inc.? Reach Out America, Inc. is a non-profit corporation organized for the purpose of providing information and education to school aged children about the effect of drugs and alcohol on their bodies and their lives in general. The judge would be an advisory director and would have no day to day responsibility in the operation of the organization and would receive no pay. The organization is not engaged in the lobbying for legislation and would only rarely, if ever, appear in court.
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.
In Opinion 124 the Commission previously held that a judge could serve as a trustee to an educational trust so long as the trust was not likely to be engaged in proceedings before the judge. In Opinion 104 the Commission determined that a judge may serve as a member of the board of directors of a non-for-profit corporation subject to certain restrictions.
In the opinion of the Commission on Retirement, Removal and Discipline, the Judge’s service as an advisory director for Reach Out America, Inc. is permitted under Canon 5B, as such service would not reflect adversely upon the Judge’s impartiality or interfere with the performance of the Judge’s judicial duties. Also, as the Judge is not involved in the day to day operation of the non-for-profit corporation and as the corporation seldom if ever appears as a party in court, it is not likely that the corporation would ever appear before the Judge in an adversary proceeding.
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 corporation.
(Dated: December 6, 1991)