Could a Maryland judge continue as unpaid president and director of a nonprofit senior-housing corporation?
Apply this to your situation
This page answers the general question as of 1973. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge served without pay as president and director of a church-elected nonprofit corporation operating low-income senior apartments with government-backed financing.
The Committee said its Rule 6 concern about corporations affected with a public interest did not reach a nonprofit charitable organization with no stock. It allowed the described service, subject to Rule 8's prohibition on the judge's participation in fund solicitation. It also pointed to the spirit of ABA Canon 5B, which conditioned charitable service on the organization's litigation activity.
The Committee expressly confined the opinion to the submitted facts.
Currency note
This opinion discusses the Maryland judicial ethics provisions in force at the time it was written. Its analysis is historical; verify the current Maryland Code of Judicial Conduct and the linked opinion before relying on a cited provision.
Common questions
Q: Did government-backed financing by itself bar the judge's board service?
A: No. The Committee said Rule 6's prohibition did not apply to this nonprofit charity with no stock outstanding.
Q: Could the judge solicit funds for the corporation?
A: No. The Committee said Rule 8 prohibited the judge's participation in solicitation.
Q: Did the Committee give an unrestricted approval of any charity board?
A: No. It limited the conclusion to the described facts and referenced restrictions in ABA Canon 5B concerning court proceedings.
Background and rules framework
The opinion discusses Maryland's then-cited Rules 6 and 8 and the spirit of ABA Canon 5B in assessing a judge's unpaid service for a charitable housing corporation.
Citations and references
- Maryland Rules of Judicial Ethics, Rules 6 and 8.
- ABA Code of Judicial Conduct, Canon 5B.
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1973-03
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1973-03
Date of Issue: April 23, 1973
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Judge May Serve as Unpaid Director of Charitable Corporation Operating Senior Citizen Apartments but Prohibited in Solicitation of Funds
You have asked for an advisory opinion from the Judicial Ethics Committee as regards the propriety of your continuing to serve as a member of the Board of Directors of X, Inc., and as President of the Board. You have informed us that X, Inc., is a corporation which has no capital stock outstanding; has five Directors, who are elected by the Vestry of Y Church,
, Maryland, and that the officers of the corporation are elected by the Directors. You have also stated that no officer or director receives any compensation whatsoever.
X, Inc., has built and is currently operating under the supervision of a paid manager a
seven-story apartment building in
, which provides housing for senior citizens with limited
incomes. Funds for the erection of the building were obtained from HUD and the loan is secured by a long-term, low-interest rate mortgage.
Your concern stems from the fact that this Committee is of the opinion that Rule 6 of our Rules of Judicial Ethics prevents a judge from being an officer or director of any corporation which is “affected with a public interest,” and that we have consistently taken the position that a corporation which is subject to governmental regulation is one affected with a public interest.
However, the Committee is of the opinion that the prohibition contained in Rule 6 is not applicable to a nonprofit organization formed for charitable purposes which has no stock outstanding and that a judge may serve as a director or officer of such a corporation so long as he is mindful of Maryland Rule 8, which prohibits participation by a judge in a solicitation of funds, and the spirit of Canon 5B of the American Bar Association’s Code of Judicial Conduct, which permits service by a judge as an officer, director, trustee or non-legal advisor of a religious or charitable organization not conducted for the economic advantage of its members, so long as such an organization is not engaged in proceedings in his court or is not regularly engaged in adversary proceedings in any court.
You will understand, I am sure, that this opinion is restricted to the facts which you have presented.
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