QUESTION: A development council formed to assist in the funding of a new parochial school has invited a judge to join the council which is "designed to lend prestige to the development program and to provide individual and collective advice and guidance" to the leadership of the entity. The invitation recites that the "insight, counsel and prestige [of the judge] in the community will be very helpful." It has been made known to the Committee that the judge will not be required to take part in any fund-raising program "other than to allow the use of his name as a member of the group seeking to raise funds." Is it a violation of the Code of Judicial Conduct for a judge to accept membership in such council?

ANSWER: Yes. Participation in such an activity would be in violation of Canon 5B(2) of the Code of Judicial Conduct.
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*Canon 5B(2) was amended effective December 19, 1989.