Opinion 78-5

March 8, 1978

Dear :

The Committee on Standards of Conduct Governing Judges acknowledges your recent inquiry as to whether your membership on the Board of Trustees of the _______ County Day School is proscribed by F.S. 622.13. We presume form your query that _________ County Day School is organized and exists pursuant to Chapter 59-113 Laws of Florida from whence F.S. 622.13 is derived.

Although your query appears to ask for a legal opinion as distinguished from an opinion construing the Code of Judicial Conduct, a majority of the committee is of the view that we should respond by opinion, the opinion of a majority of the committee being that the portion of the statute which provides that: "All persons while acting in any public official capacity are hereby specifically prohibited from engaging in any manner in such administration, supervision, operation, financing and control of the affairs of such corporation" clearly prohibits a Judge (who is a person acting in a "public official capacity") from engaging in the activities proscribed by the statute, which would encompass the Board of Trustees of any corporation organized and existing under said Chapter.

We appreciate your inquiry and hope that our opinion may be of benefit for your future guidance.

Sincerely yours,

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


Participating members: Judges Boyer, Carlisle, Haverfield, Hewitt, Murphee, Powers, Stephenson, Turner and Samuel J. Powers, Attorney