February 18, 2010
This responds to your inquiry (09-234) asking whether it is ethically permissible for you to sit on the same board of directors of a non-profit organization with an attorney who regularly appears before you in court.
Based on your inquiry, it does not appear that there is any relationship between you and the attorney other than your positions as members of the same board of directors. Under these circumstances, neither recusal nor disclosure is required when the attorney appears before you in court. Enclosed, for your convenience, are Opinions 08-124; 07-126; 04-78; 96-21 and 93-87, which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)