COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 44

Trustee of a State Supported College or University.

A judge inquires as to the propriety of serving on the "Board of Visitors" of a state supported institution of higher education and as a member of the "College Board of a state supported community college."

It is assumed that these positions are to be equated with membership on a board of regents or board of trustees of a state university system.

Canon 5B of the Code of Conduct for United States Judges provides:
B. Civic and Charitable Activities. 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. . . .
If this provision stood alone in the canon, it would appear that there would be no objection to the performance of the service here by the judge, except that the affirmative authority to serve is a part of a section dealing with "civic and charitable activities," which may be distinguished from "governmental" activities.

Canon 5G provides:

G. Extra-judicial Appointments. 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. A judge should not, in any event, accept such an appointment if the judge's governmental duties would interfere with the performance of judicial duties or tend to undermine the public confidence in the integrity, impartiality, or independence of the judiciary. A judge may represent the judge's country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities.
In answer to the question posed here, Canon 5G limits such service by a judge to nongovernmental (state, federal or local) institutions. We conclude that service on a state board vested with authority to operate a state, municipal or community college or university would be in violation of the prohibitions contained in Canon 5G. See also Advisory Opinion No. 36.

February 24, 1975
Revised January 16, 1998

Note:

1. In September 1992 the Judicial Conference amended the commentary to the Code of Conduct for United States Judges pertaining to Canon 4C to provide that "[s]ervice on the board of a public, as well as private, law school is permissible."

2. See also Code of Conduct for United States Judges, Compliance with the Code of Conduct, § C:

Retired Judge. A retired judge who is retired under 28 U.S.C. §§ 371(b) or 372(a), or who is recalled to judicial service, should comply with all the provisions of this Code except Canon 5G, but the judge should refrain from judicial service during the period of an extra-judicial appointment not sanctioned by Canon 5G.