Advisory Opinion No. 2006-55 Advisory Opinion No. 2006-55 Re: James S. D’Ambra QUESTION PRESENTED The petitioner, a candidate for appointment to the Juvenile Hearing Board for the Town of Lincoln, a municipal appointed position, requests an advisory opinion as to whether there would be a conflict of interest if he were appointed to the Juvenile Hearing Board given that his spouse is an Associate Justice of the Rhode Island Family Court who could potentially be assigned to the Juvenile Calendar which hears referrals from Juvenile Hearing Boards, including that of the Town of Lincoln. RESPONSE It is the opinion of the Rhode Island Ethics Commission that the petitioner, a candidate for appointment to the Juvenile Hearing Board for the Town of Lincoln, a municipal appointed position, may accept an appointment to the Juvenile Hearing Board notwithstanding that his spouse is an Associate Justice of the Rhode Island Family Court who could potentially be assigned to the Juvenile Calendar which hears referrals from Juvenile Hearing Boards, including that of the Town of Lincoln. The petitioner informs that he has been recommended for appointment to the Juvenile Hearing Board (“Hearing Board”) for the Town of Lincoln (“the Town”). He states that members of the Hearing Board do not receive compensation pursuant to Town Ordinance. He advises that the Hearing Board has jurisdiction over juveniles in the Town who commit status offenses and agree to have their cases referred to the Hearing Board for disposition. The petitioner informs that if a juvenile does not comply with the sanctions set by the Hearing Board, the case is referred to the Juvenile calendar of the Rhode Island Family Court (“Family Court”). The petitioner states that if a case is referred to the Family Court, the Town Solicitor or Police Prosecutor would present the case to the Family Court justice. The petitioner advises that his spouse is an Associate Justice of the Family Court. He informs that she is currently assigned to the Washington County Family Court[1] and will continue in that assignment for the next two years. However, the petitioner states that if appointed the Hearing Board, he would serve for three years and there is a potential that his spouse, upon completion of her assignment in Washington County, could be assigned to the Juvenile calendar in Providence County. Finally, the petitioner advises that in his role as a member of the Hearing Board, he would never personally appear before the Family Court. Given these representations, the petitioner seeks guidance from the Commission as to whether his appointment would create a conflict of interest given that his spouse is an Associate Justice of the Family Court. The Code of Ethics provides that a public official shall not have any interest, financial or otherwise, direct or indirect, which is in substantial conflict with the proper discharge of his duties in the public interest. R.I. Gen. Laws § 36-14-5(a). A substantial conflict of interest occurs if it is reasonably foreseeable that the official or any family member or business associate, or any business by which the official is employed or represents will derive a direct monetary gain or suffer a direct monetary loss by reason of his official activity. R.I. Gen. Laws § 36-14-7(a); Regulation 7001. Also, a public official may not use his public office or confidential information received through his office for financial gain for himself or any member of his family. R.I. Gen. Laws § 36-14-5(d) In the instant matter, based upon the petitioner’s representations, there is no financial nexus between the petitioner and his service on the Hearing Board and his spouse’s position as an Associate Justice of the Family Court. Moreover, the petitioner represents that he will never appear before the Family Court in his capacity as a member of the Hearing Board. Even assuming arguendo that his spouse were to be assigned to the calendar which hears cases from the Town of Lincoln, the petitioner would not run afoul of the Code of Ethics in that he would not be personally appearing before his spouse or deriving any financial benefit through such appearance. Accordingly, the Commission opines that the petitioner may accept an appointment to the Juvenile Hearing Board notwithstanding that his spouse is an Associate Justice of the Rhode Island Family Court and could potentially be assigned to the Juvenile Calendar which hears referrals from Juvenile Hearing Boards, including that of the Town of Lincoln. Finally, the petitioner is cautioned that this opinion does not, and cannot, address whether any municipal charter or ordinance, or any statute, agency regulation, ruling, policy or canon of judicial conduct prohibits such activity. Code Citations : 36-14-5(a) 36-14-5(d) 36-14-7(a) Regulation 7001 Related Advisory Opinions : 2005-14 [1] The Providence County Family Court has jurisdiction over cases brought by the Town of Lincoln, including cases from the Juvenile Hearing Board.