May a circuit judge serve as trustee of a hospital in the judge’s circuit?

Plain-English summary

A circuit judge asked about serving as trustee of a hospital located in the judge’s circuit. The Commission said Canon 5 did not prohibit hospital trusteeship as such.

It cautioned that other circumstances could make the role impermissible, including legal or financial advice, fundraising, interference with judicial duties, or an organization likely to appear in court. The judge’s outside activities also needed to minimize cases in which the judge would be disqualified.

Currency note

This opinion was issued in 1983, after the Alabama Supreme Court’s 1975 adoption of the Alabama Canons of Judicial Ethics. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context and verify the current Canons and linked opinion before relying on its conclusions.

Common questions

Q: Did the Commission categorically prohibit hospital trusteeship?

A: No. It said that activity was not prohibited by itself.

Q: Which circumstances could change the answer?

A: The opinion named legal or financial advice, fundraising, interference with duties, and likely court proceedings involving the organization.

Background and rules framework

The opinion applies Canon 5’s direction to minimize conflicts with judicial duties and cites Canons 5B(l), 5C(l) and (3), and 5D(l) and (2).

Citations and references

Alabama Canons of Judicial Ethics:

• Canon 5
• Canon 5B(l)
• Canon 5C(l)
• Canon 5C(3)
• Canon 5D(l)
• Canon 5D(2)

See also

• AL Judicial Ethics Op. 83-191: Hospital Advisory Board

Source

• Landing page: Alabama JIC advisory opinions
• Original PDF: Advisory Opinion 83-185
• Canon history: Alabama JIC, Canons of Judicial Ethics

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

83-185
Judicial Inquiry Commission
800 SOUTH MCDONOUGH STREET
SUITE 201
MONTGOMERY, ALABAMA 36104
May 30, 1983
The Judicial Inquiry Commission has considered your request for an opinion concerning whether, under the Alabama Canons of Judicial Ethics, a circuit judge may serve as a trustee of a hospital. The hospital is located within the circuit where the judge serves. A judge’s extra-judicial activities are governed by Canon 5 of the Alabama Canons of Judicial Ethics. That Canon specifically provides that: “A Judge Should Regulate His Extra-Judicial Activities To Minimize the Risk of Conflict with His Judicial Duties.” This Canon does not prohibit a judge’s engaging in extra-judicial activities such as serving as a hospital trustee. However, other factors might exist which could, under Canon 5, prohibit such activity. More specific provisions of Canon 5 repeat a continuous admonition that a judge should not engage in extra-judicial activities in which he gives legal or financial advice or is involved in fund raising or which interfere with the proper performance of his judicial duties, including participation in organizations which are likely to be engaged in proceedings which will come before the judge or will regularly come before any court. See Canon 5B(l), 5C(l) and (3) and 5D(l) and (2). For instance, a judge should manage his extra-judicial activities to minimize the number of cases in which he is disqualified. Yours very truly, JUDICIAL INQUIRY COMMISSION