May a judge serve on an educational institution’s board and attend its fundraising dinner?

Short answer The Committee allowed board service and ordinary attendance at the dinner if the institution did not regularly litigate and the judge took no part in fundraising or appear as a featured participant.
Bar
JUDICIAL-NE
Issued
1990

Apply this to your situation

This page answers the general question as of 1990. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge serving on a nonprofit educational institution’s board asked whether continuing service and attending a fundraising dinner were permitted. The invitations came from the board collectively, without naming individual members.

The Committee allowed board service if it did not undermine impartiality or judicial duties and the institution was not regularly involved in litigation. It said the judge must avoid direct and passive involvement in fundraising, including having the judge’s name connected to solicitations.

The judge could attend a fundraising event as an ordinary attendee, without being honored, speaking, distributing literature or serving as a host. The opinion also permitted ordinary organizational letterhead listing the judge along with other officers whose occupations were disclosed.

Currency note

This opinion was issued in 1990, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.

Common questions

Q: Could the judge remain a trustee?

A: Yes, under the opinion’s impartiality and litigation limits.

Q: Could the judge attend the dinner?

A: Yes, as an ordinary attendee, without a featured or solicitation role.

Q: Could the judge take part in fundraising?

A: No. The Committee barred both direct and passive participation in solicitations.

Background and rules framework

The opinion applied former Nebraska Canons 1, 2, 3C(1) and 5B, focusing on permissible educational board service and the former Code’s ban on judicial fundraising.

Citations and references

Former Nebraska Code of Judicial Conduct: Canons 1, 2, 3C(1), 5B(1), and 5B(2). Advisory opinion quoted: New York Office of Court Administration Opinion 179 (June 1979).

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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