ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 85-1


QUESTION

     Is it proper for a judge to serve as president and a director if a
public non-profit charitable foundation which concentrates on charitable
health care endeavors wand which is affiliated with a non-profit health
care provider?


ANSWER

     Our answer to this question is premised on the following
representations provided to the committee:  1) the foundation, although a
separate legal entity, is closely associated with and can be considered
controlled by a non-profit health care provider:  2) it is highly unlikely
the foundation would be a party to litigation; however, the non-profit
health care provider has frequently been a party to various action, and as
a health care provider is likely to be involved in future court actions.

     Based on these representations, it is not proper under CJC Canon 5B(1)
for a judge to serve as president and a director of this foundation, as the
foundation is controlled by a non-profit health care provider which is
regularly engaged in adversary proceedings in court.