State of Washington

Ethics Advisory Committee

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.

The Supreme Court adopted a new Code of Judicial Conduct effective January 1, 2011. In addition to reviewing the ethics advisory opinions, the following should be noted: CJC 3.1(B) CJC 3.7(D)(2)

Opinion 85-01

1/25/1985