Can an Ohio judge serve as a trustee of a charitable foundation that funds law school scholarships, and what limits apply to fund-raising and use of the judge's name?

Plain-English summary

The Board addressed a public non-profit foundation administering a trust named for a respected deceased judge, which would provide law school scholarships for area minority students. The questions were whether a judge could serve on the trustee committee that would solicit funds, whether the judge's name could be used in the committee's fund-seeking literature, whether the judge could contribute, whether the judge could solicit funds, and whether naming persons to the trustee committee would violate the Canons.

The Board explained that Canon 5B permits judges to participate in charitable activities that do not reflect adversely on their impartiality or interfere with judicial duties, and specifically allows a judge to serve as a trustee of a charitable organization as long as it would not ordinarily come before the judge or be regularly engaged in adversary proceedings, citing Canon 5B(1); under Canon 5B(2) the judge would be disqualified from any case that could affect the organization. The Board stated that, under Canon 5B(3), a judge serving as a trustee may not solicit funds and should be insulated from fund-raising as far as practicable, while potential donors are entitled to know the trustees' names, so the judge may be listed along with the other trustees provided the judge's name and office are not selectively emphasized.

The Board concluded that a judge may serve as a trustee of a foundation providing law school scholarships for minority students, may not solicit funds for the trust, may be listed along with the other trustees on the foundation's literature, may contribute to the foundation, and may name persons to the trustee committee. It noted nothing in the Code prohibits a judge from naming persons to the trustee committee, and limited the opinion to questions under the Code of Judicial Conduct rather than the Ohio Revised Code or the Ohio constitution.

Currency note

This is a former Code of Judicial Conduct opinion, providing advice under the former Ohio Code of Judicial Conduct that was superseded by the Ohio Code of Judicial Conduct effective March 1, 2009; the Board also flags it as not current in light of subsequent amendments to Canons 1 through 6 effective May 1, 1997. It issued in 1990. Treat this page as historical context, not current guidance. Verify against the current Ohio Code of Judicial Conduct before relying on any specific rule mentioned here.

Common questions

Q: Can a judge serve as a trustee of a charitable foundation?

A: Under this opinion, yes, where the organization would not ordinarily come before the judge or be regularly engaged in adversary proceedings, per Canon 5B(1). The judge is disqualified from any case that could affect the organization.

Q: Can the judge solicit donations for the foundation?

A: No. The Board concluded that under Canon 5B(3) a judge serving as a trustee may not solicit funds and should be insulated from fund-raising as far as practicable.

Q: Can the judge's name appear in the foundation's fund-raising literature?

A: The Board concluded the judge may be listed along with the other trustees, provided the judge's name and office are not selectively emphasized, because donors are entitled to know the trustees' names.

Q: Can the judge personally contribute or name others to the trustee committee?

A: The Board concluded a judge may contribute to the foundation and may name persons to the trustee committee, finding nothing in the Code that prohibits either.

Background and rules framework

The opinion interprets the former Ohio Code of Judicial Conduct Canon 5B: 5B(1) (serving as a trustee of a charitable organization that would not ordinarily come before the judge), 5B(2) (disqualification from cases affecting the organization), and 5B(3) (no solicitation of funds).

Citations and references

Rules of Judicial Conduct (Ohio, former):

• Canon 5B(1), serving as a trustee of a charitable organization
• Canon 5B(2), disqualification from cases affecting the organization
• Canon 5B(3), prohibition on a judge soliciting funds

Other authorities cited:

• Thode, Reporter's Notes to Code of Judicial Conduct 80 (ABA 1973), insulating judges from fund-raising

See also

• Ohio BPC Op. 1987-009: Retired Judge on a Courthouse Restoration Committee Engaged in Fund-Raising
• Ohio BPC Op. 1987-003: Judge as Member of a Not-For-Profit Foundation Board
• Ohio BPC Op. 1990-005: Judge Suggesting Programs to a Local Bar Association

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-90-016.pdf

Original opinion text

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

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 90-16
Issued August 17, 1990

[Former CJC Opinion-provides advice under the former Ohio Code of Judicial Conduct which is superseded by the Ohio Code of Judicial Conduct, eff. 3/1/2009.]

[Not Current- subsequent rule amendments to Canons 1 through 6, Ohio Code of Judicial Conduct, eff. May 1, 1997]

SYLLABUS: A judge may serve as a trustee of a charitable, non-profit foundation provided it does not conflict with the judge's official function. A judge's name may be listed as a trustee along with similar information about the other trustees but the judge's name and office may not be selectively emphasized. A judge may not solicit funds for the trust and should be insulated from any solicitation. Nothing in the Code of Judicial Conduct prohibits a judge from naming persons to the trustee committee. A judge may personally contribute to the foundation.

OPINION: We have before us your request regarding a public non-profit foundation which administers a trust named for a respected judge from your area who died last year. The trust will provide law school scholarships for area minority students. Your specific questions are as follows:

1. May a judge serve on the trustee committee which will solicit funds for the trust?
2. May such judge's name be used in the literature by the committee seeking contributions?
3. May a judge contribute to the fund?
4. May a judge solicit funds for the trust?
5. Do judges violate the Canons if they act, per the trust, to name persons to the trustee committee?

Canon 5B of the Code of Judicial Conduct permits judges to participate in charitable activities that do not reflect adversely upon their impartiality or interfere with their judicial duties. The Canon specifically allows a judge to serve as a trustee of a charitable organization as long as the organization ordinarily would not come before the judge or will not be regularly engaged in adversary proceedings in any court. Code of Judicial Conduct, Canon 5B (1). The judge would be disqualified from hearing any case that could affect the organization in which the judge serves as a trustee. Code of Judicial Conduct, Canon 5B (2).

A judge serving as a trustee may not solicit funds for the charitable foundation. Code of Judicial Conduct, Canon 5B (3). Judges should be insulated from the fund-raising as far as practicable. Thode, Reporter's Notes to Code of Judicial Conduct 80 (ABA 1973). However, potential donors to the foundation are entitled to know the names of the trustees. Therefore, a judge can be listed as a trustee along with the other trustees provided the judge's name and office are not selectively emphasized by the foundation. Id.

In regard to your last question, nothing in the Code of Judicial Conduct prohibits a judge from naming persons to the Trustee Committee.

In conclusion, it is our opinion and you are so advised that a judge may serve as a trustee to a foundation which provides scholarships for minority students in law school. A judge may not solicit funds for the trust. The judge's name may be listed along with the other trustees on literature used by the foundation. A judge may contribute to the foundation and may name persons to the trustee committee.

This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Judicial Conduct and not the Ohio Revised Code nor the Ohio constitution.