May a judge designate remain a director of a community college foundation primarily devoted to fundraising?
Apply this to your situation
This page answers the general question as of 1988. 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 designate asked whether to resign from a five-member community college foundation board. The foundation funded facilities, scholarships, and other educational assistance, while its directors were tasked with finding and cultivating gifts and soliciting support.
The Committee distinguished educational or charitable boards where fundraising is incidental and a judge can avoid it. Here, raising funds was the foundation’s main function. With only five directors, the public would perceive the judge as involved in solicitation even if duties were separated.
The Committee concluded that the judge designate must leave the board.
In practice
The opinion requires resignation from this small board because fundraising dominates its work.
Common questions
Q: Was college foundation service always prohibited?
A: No. The Committee distinguished organizations where fundraising is not paramount.
Q: Why did board size matter?
A: With five directors, public perception of the judge’s participation in solicitation was unavoidable.
Q: What did the Committee direct?
A: It said the judge designate must resign as foundation director.
Background and rules framework
The opinion applies the then-cited Maryland Code of Judicial Conduct, Canon 4C(2), governing service on educational organizations and restrictions on soliciting funds.
Citations and references
- Maryland Code of Judicial Conduct, Canon 4C(2).
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1988-01
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1988-01
Date of Issue: August 16, 1988
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Judge May Not Serve on Board of Community College Foundation Devoted Primarily to Fund-Raising for College
A Judge-Designate requests an opinion whether it is necessary to resign from membership on the board of directors of a community college foundation.
The Foundation is a non-profit corporation organized and operated exclusively for charitable and educational purposes in the furthering of educational programs, facilities and opportunities at the specified community college. The purpose of the Foundation is described in its Articles of Incorporation as being to provide financial resources to be used by the college for such college facilities and other uses as the college’s governing board may determine, and to provide students and other members of the college community with scholarships, fellowships, loans, grants and other forms of assistance.
The Foundation has five directors. The By-Laws of the Foundation describe the role of the directors as follows:
“The business and property of the Foundation is managed and controlled by the Board of Directors. In fulfillment of that responsibility the Board of Directors assists the Foundation in obtaining financial support, through gifts for the eventual benefit of the College, its students, and other members of the College community.
The Board’s responsibilities include establishing priorities of areas to be supported by private donations, identifying and cultivating sources of gifts among alumni and friends, displaying leadership by giving personal support to the Foundation, enrolling volunteer workers, soliciting gifts when appropriate, appointing officers of the Foundation, including an Executive Director when the Board considers such appointment appropriate, managing the assets of the Foundation and allocating unrestricted assets of the Foundation.” (Emphasis supplied.) Although the Foundation board has some duties relating to the distribution of funds after they are received, it appears, from the information provided us, that the primary thrust of the Foundation is the raising of funds. For example, the board members are specifically charged to “assist” the Foundation by “obtaining” financial support, “cultivating” sources of gifts, and “displaying leadership” by personal support of the Foundation.
Canon 4C(2) of the Code of Judicial Conduct permits a judge to serve as a director of an
educational or charitable organization upon condition that the “judge should not solicit funds for any such organization, or use or permit the use of the prestige of the judge’s office for that purpose.” Where fund-raising is not a paramount activity of the organization, it may be an easy matter for the judge who is a board member to separate himself from those fund-raising activities. But where, as here, the primary function of the Foundation appears to be fund-raising, it is virtually impossible for the judge to be insulated from the organization’s fund-raising efforts. Moreover, since the judge is one of only five Foundation directors, the public perception is inescapable that the judge is involved Maryland Judicial Ethics Committee Opinion Request Number: 1988-01 Date of Issue: August 16, 1988 O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice Page 2 of 2
in the solicitation activities of the Foundation.
Based on the particular facts made available to us, it is the opinion of this Committee that the Judge-Designate must resign his position as a director of the Foundation.
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