COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 12
Judge Serving Without Compensation on Managing Boards of Religious,
Fraternal and Charitable Corporations, Including Legal Aid Bureaus.
Inquiry has been made as to a judge serving without compensation
upon the managing boards of religious, fraternal and charitable organizations,
and upon the board of a legal aid bureau.
We believe that membership without compensation upon religious,
fraternal and charitable boards is within the spirit of our Advisory Opinion
No. 2 and is not improper provided the judge does not engage in solicitation
of funds for such organization or permit the influence of his or her name
or office to be used in such solicitation and provided the service will
not interfere with the prompt and proper performance of judicial duties.
Whether, absent statutory authorization, the judge should serve
upon the legal aid bureau board involves other considerations than those
above noted, including whether bureau funds or personnel will be used to
secure adjudications of rights in the courts. Canon 5B(1) provides that
"[a] judge should not serve if it is likely that the organization will
be engaged in proceedings that ordinarily come before the judge or will
be regularly engaged in adversary proceedings in any court." This prohibition
will preclude a judge from service on the board of most legal aid bureaus.
January 21, 1970
Revised January 16, 1998
Note:
1. See Advisory Opinion No. 28 and Canon 5B and the Commentary
thereto.