Opinion No. 52 (1980)

QUESTION: May a judge serve on the Board of a Mental Health Mental Retardation Center (MHMR)?

ANSWER: Canon 5G of the Code of Judicial Conduct states as follows: "A judge should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice," and Canon 5B(1) states: "A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before him [or her] or will be regularly [or frequently] engaged in adversary proceedings in any court." The Committee is not wholly aware of all the duties and responsibilities of the office, however, it is of the opinion that if such duties and responsibilities of the office do not contravene Canon 5G or Canon 5B(1), it would not be unethical to serve on the Mental Health Mental Retardation Board.