Opinion No. 26 (1977)

QUESTION: May a judge serve upon the Board of Directors of Advocacy, Inc.?

BACKGROUND INFORMATION: The Committee considered the following facts which were furnished in connection with this inquiry: The Congress adopted "Developmental Disabilities Bill of Rights and Assistance Act" (P.L. 94-103), some of the pertinent provisions of which now appear in 42 U.S.C.A. subsec. 6012. The Governor designated the State Bar of Texas to act as the planning agent. The State Bar ordered the creation of Advocacy, Inc., as the vehicle whereby its delegated duties would be accomplished. It reserved the right to appoint six of an eleven-member board of directors of the corporation. The Board will set broad policies only and will have no operating functions.

ANSWER: Based upon the limited information available, the Committee is of the opinion that membership upon the Board of Directors of Advocacy, Inc., would not be in contravention of any of the canons of Judicial Conduct, provided such membership poses no conflict with judicial duties and responsibilities.