Opinion 74-16
December 3, 1974

Re: Canon 5B(1)(2) & (3)
Re: Standards of Judicial Conduct

Dear Judge

In reply to the first question in your letter of January 20, 1974, we assume that the County Mental Health Center, Inc., is comparable to a guidance clinic.

Each is a worthwhile civic organization. A Judge's membership on the Board of Directors will depend on the application of Canon 5B(l). This canon proscribes a judge from serving as an officer or director of such organization if it is likely that the organization will be regularly engaged in adversary proceedings in any Court.

This Committee on January 16, 1973, (The Florida Bar Journal, Vol. 48, August, 1974) stated that membership on a board of directors for a guidance clinic would be inconsistent with Canon 5B (1) of the Code of Judicial Conduct. Again on October 4, 1974, we stated that guidance clinic matters may be involved regularly in the Circuit Court regarding Baker Act proceedings. It was suggested to the inquiring judge that membership on the Board of Directors of a guidance clinic may be inconsistent with the aforementioned Canon.

The answer to your second question, . . may a judge ethically serve on a local board of the American . . . is yes, subject to the limitations of Canon 5B(2)(3). That is, he should not solicit funds, or participate in fund raising activities, or give investment advice to such organization.

We appreciate the opportunity of making the above recommendations to you, and hope that they will be of some assistance.

/s/ GUNTER STEPHENSON, as Chairman
Committee on Standards of Judicial Conduct

GS:jss
cc: all members