Related to:

Opinion Opinion 94-5

Date: 05/10/1994
Organization: Massachusetts Supreme Judicial Court

Ethical Opinions for Clerks of the Courts

Serving as a director on Board of Advisors of non-profit rehabilitation facility.

Dear Clerk:

You have asked whether you may serve as a director on the Board of Advisors for Community Workshops, Inc., a not for profit rehabilitation facility. You forwarded your request with an overview of Community Workshops and the section of the by-laws dealing with the purposes and duties of Community Workshops, Inc.

As noted in our Opinion 90-5, dated December 5 , 1990, Canon 5 (B ) provides that: "A Clerk-Magistrate may participate in civic and charitable activities that do not reflect adversely on the Clerk-Magistrate's impartiality or interfere with the performance of his or her official duties. A Clerk-Magistrate may serve as an officer, director, trustee or non-legal advisor of an educational, religious, charitable, fraternal or civic organization not conducted for the economic or political advantage of its members." This is subject to further limitations as set forth in Canon 5 (B ) (1) and (2 ). These provisions deal with potential conflict of interest due to the appearance of members of the organization before your court and fund raising activities.

From the material you submitted, it would appear that there would be no conflict under the Code for you to serve on the Board of Advisors for Community Workshops, Inc.


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