COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 28

Service as Officer or Trustee of Hospital or Hospital Association.

A judge is permitted under the Code of Conduct for United States Judges to participate in civic and charitable activities, such as service as an officer or trustee of a hospital or hospital association. The canons do, however, impose limits on such participation. Canon 5B reads:

A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of 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 the judge or will be regularly engaged in adversary proceedings in any court.
(2) A judge should not solicit funds . . . or use or permit the use of the prestige of the judicial office for that purpose, but the judge may be listed as an officer, director, or trustee of such an organization. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism.
(3) A judge should not give investment advice to such an organization. . . .

Canon 5G also imposes a limitation on the judge's service: "[a] judge should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice, unless appointment of a judge is required by Act of Congress."

The Commentary to Canon 5B(1) notes particular concerns for a judge to consider in determining whether to serve a hospital or hospital organization in some capacity:

The changing nature of some organizations and of their relationship to the law makes it necessary for a judge regularly to reexamine the activities of each organization with which the judge is affiliated to determine if it is proper for the judge to continue the judge's relationship with it. For example, in many jurisdictions charitable hospitals are now more frequently in court than in the past. (Emphasis added.)

Additional issues specific to trustee of hospitals -- such as challenges under the equal employment opportunity laws, the minimum wage laws, tax exemptions and the like -- should also be taken into account in deciding whether to take on such a responsibility.

In sum, a judge should carefully evaluate Canon 5B's limitations when determining whether to accept a post as an officer or trustee of a hospital or hospital association. Also, as suggested by Canon 5B(1)'s Commentary, a judge should continually re-evaluate the organizations with which he or she is affiliated to ensure that continued involvement with them is consistent with the judge's ethical obligations under the canons.

December 28, 1973
Revised January 16, 1998