January 21, 1992

( OPINION NO: 92-6
(Board Membership
(Canon 5 (B) (2)

RE: Committee on Standards of Conduct Governing Judges - Your inquiry dated December 6, 1991.

You ask whether you may participate as a member of a development board for a parochial school in an effort to establish an endowment trust to help subsidize affordable tuition for all students. You state the board would solicit funds for the trust, but you would not participate directly in any solicitation or permit your office to be used in connection with any solicitation.

A majority of the Committee agrees Canon 5 (B) (2) permits your participation on the board in the limited manner described. Two dissenting members feel that the board has no real purpose other than fund-raising, and although you do not actively solicit funds, you are lending your name to that effort.

The committee is expressly charged with rendering advisory opinions interpreting the application of the Code of Judicial Conduct to specific circumstances confronting or affecting a judge or judicial candidate. Its opinions are advisory to the inquiring party, to the Judicial Qualifications Commission and to the judiciary at large. Conduct that is consistent with an advisory opinion issued by the committee may be evidence of good faith on the part of the judge, but the Judicial Qualifications Commission is not bound by the interpretive opinions issued by the committee. Petition of the Committee on Standards of Conduct for Judges, 327 So2d 5 (Fla. 1976).

Jere Tolton, Chairman
Committee on Standards of Conduct Governing Judges

Participating members: Not known

All reference to the inquiring judge is deleted from the copies sent to the following individuals.
Mr. Sid White, Clerk of the Supreme Court of Florida
Judson Orrick, Managing Editor, The Florida Bar
Brooke S. Kennerly, Executive Director, Judicial Qualifications Commission.
Hon. Walter K. Stapleton, Chairman, Ethics Advisory panel of the Judicial Conference of the United States .
Cynthia Grey, Director, American Judicature Society
Ms. Jean Underhill, Librarian, Broward County Law Library
Mr. Robert Wallace, Librarian, Dade County Law Library
Ms. Joan D. Cannon, Librarian, Supreme Court of Florida
William D. Wilkinson, Court Administrator, Lee County
Hon. Thomas H. Barkdull, Jr. , Third District Court of Appeal
Lynda Glyman, Esq. Center for Professional Responsibility, American Bar Association
Hon. Charles McClure, Chief Judge, Second Judicial Circuit
Office of State Court Administrator, Legal Affairs &Education