Opinion 25-139

November 6, 2025

Facts/Issue:  A full-time judge who is a trustee of a not-for-profit fire company asks whether it is ethically permissible to serve as a chairperson of the company’s board of trustees if elected by his/her fellow trustees.

Discussion:   We have advised that a full-time judge may serve as a trustee of a not-for-profit volunteer fire department, provided the position does not confer peace officer status or involve investigative responsibilities, working with law enforcement, or fund-raising.  We have also previously advised that a judge may serve as president, vice-president, director, secretary, assistant chief, or engineer for a volunteer local fire department.  We therefore see no ethical impediment to serving as chairperson of the not-for-profit fire company’s board of trustees.

Conclusion:  A full-time judge may serve as chairperson of the board of trustees of a not-for-profit fire company, provided that position does not confer peace officer status or involve investigative responsibilities, working with law enforcement, or fund-raising.

Authorities:  Opinions 21-124; 02-57.