Opinion no. 91-25
December 2, 1991 Canon: 5(b)

RE: Hospital Board

RE: Committee on Standards of Conduct Governing Judges- Your inquiry dated October 1, 1991.

Dear Judge

You inquire whether you may serve on the Board or Executive Board of a local, not-for-profit hospital. You indicate there are times when the hospital is involved in litigation.

Nine responding members of the ten member committee unanimously agreed that membership or service on the Board is proscribed by canon 5 (B) (1) . The committee saw no significance in the fact you do not presently hear cases involving the hospital. Members pointed out the canon speaks to adversary proceedings " in any court". In addition, they mentioned you could be assigned to those cases at any time.

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).

With regards, I remain,

Yours very truly,

Jere Tolton, Chairman
Committee on Standards of Conduct Governing Judges

JT /mc

cc: All Committee Members

Participating Members: Judges Tolton , Green , Booth , Dell , Doughtie, Goldstein, Farina, Rushing, and Clarke, Esq.

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