May a Maryland judge serve on the board of a university foundation that holds and spends donated funds?

Plain-English summary

A judge was invited to serve as trustee of a university foundation organized for charitable and educational functions. The foundation would hold, invest and spend donated money, but would not itself solicit funds.

The Committee found that Ethics Rule 6 did not bar service because the foundation was a charitable nonprofit, not a business. Rule 9 did not bar uncompensated charitable board service without solicitation. It added that the judge should decline to counsel the foundation on legal matters that might arise.

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 the Committee permit foundation trustee service?

A: Yes. It found no ethics impediment on the described facts.

Q: Would the foundation solicit donations?

A: The request said it would not; it would receive funds raised elsewhere and manage them.

Q: Could the judge counsel the foundation on legal questions?

A: The Committee said the judge should decline such counseling if the question arose.

Background and rules framework

The opinion applies Maryland’s then-cited Ethics Rules 6 and 9 to nonprofit board service and solicitation.

Citations and references

• Maryland Ethics Rules 6 and 9.
• Maryland JEC Opinion Requests 1971-05, 1977-09 and 1979-05.

See also

• MD Judicial Ethics Op. 1980-09
• MD Judicial Ethics Op. 1980-10

Source

• Landing page: Maryland Judicial Ethics Committee opinion index
• Original PDF: Opinion 1979-08

Original opinion text

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

Maryland Judicial Ethics Committee

Opinion Request Number: 1979-08

Date of Issue: June 22, 1979

O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice

Judge May Serve as Trustee of University Foundation

The Committee has considered your request for an opinion concerning the propriety of
serving as a trustee, representing the interests of the School of on the newly created University of Y Foundation. Your letter and the request from Mr. X., Dean of the School of , state that the Foundation will not be involved in the solicitation of funds. Instead, the Foundation will “serve as a depository for funds that have been obtained during fund raising programs, etc.” Its function will involve the investment and expenditure of these monies.
A review of the Articles of Incorporation and Bylaws of the University of Y Foundation reveals that the affairs of the corporation will be managed by a board of seven trustees, and that the corporation is organized to perform charitable and educational functions for the professional and graduate schools of the University of Y. The bylaws provide for a specific audit of the affairs of the corporation at least annually. One of the denominated officers is a treasurer and comptroller, whose specific duties are set forth and subject to review by the Board of Trustees.
The Committee believes that your service as trustee is compatible with the Canons and Rules of Judicial Ethics. Rule 6 proscribes the holding of any office or directorship in any listed business association or “other business corporation or enterprise or venture, which is affected with the public interest” or otherwise if it “interferes with the performance of [a judge’s] official duties or permits the exploitation of the prestige of his office or conflicts with the exercise of his official duties.” This Rule does not appear to constitute a bar to your service as trustee of the University of Y Foundation. The corporation is not a business. Instead, it is a non-profit corporation, organized for charitable and educational purposes.
Rule 9 similarly would not be violated. It provides: “A judge shall not directly or indirectly lend the influence of his name or the prestige of his office to aid or advance the welfare of any private business or permit others to do so. He shall not personally solicit funds for any purposes, charitable or otherwise.” The Committee note indicates that the rule is not intended to prohibit judges from serving without compensation on advisory or other committees, commissions or boards established for charitable, educational or religious purposes or for the purpose of the improvement of judicial administration. The University of Y Foundation clearly functions as a charitable or educational institution, and it is contemplated that there will be no solicitation of funds. See [Opinion Request Nos. 1971-05, 1977-09, and 1979-05].
It is not suggested that your participation as a trustee is in any way intended to make available legal advice. Nonetheless, if a question arises, you should decline counseling on any legal matter which may come before the corporation.
It is the opinion of the Committee that there is no impediment to your service as a trustee of the University of Y Foundation.