Opinion 79-1

February 1, 1979

Re: Canon 5C

Dear Judge:

The Committee on Standards of Conduct Governing Judges acknowledges your recent inquiry wherein you ask an opinion of the Committee as to whether any Canon would prohibit your serving as a Director of a high rise home for the aged, which is an outreach ministry of your church.

A majority of the responding members of the Committee are of the opinion that there is no prohibition by the Canons of your serving in this capacity so long as your duties will not entail solicitation of funds either personally or over your name. The majority feel that serving on the board of a non-profit corporation in not in violation of the Canons.

One responding member of the Committee, however, feels that your query is governed by Canon 5C(2) which says:

"...he should not serve as an officer, director, manager, advisor, or employee of any business."

We trust that the above opinion will be of assistance to you.

Sincerely yours,

Tyrie A. Boyer, Chairman
Committee on Standards of Conduct Governing Judges

TAB/sw

Participating members: Judges Boyer, Carlisle, Hewitt, Letts, O'Connell, Richardson, Stephenson and Samuel J. Powers, Attorney