Opinion 01-64

June 27, 2001

Digest:         A Family Court judge should not serve on the board of directors of a local advocacy organization involved in public lobbying concerning various family and children’s issues.

Rule:            22 NYCRR 100.1; 100.2; 100.4(A)(1); Opinions 88-145 (Vol. III); 88-150 (Vol. III); 95-10 (Vol. XIII); 95-126 (Vol. XIII); 96-96 (Vol. XIV); 97-100 (Vol. XVI).

Opinion:

         A Family Court judge inquires regarding the propriety of serving on the board of directors of a local not-for-profit health and welfare council concerned with serving social and health needs of the community. Included within the stated mission of the council is active advocacy on family and children’s issues, which involves sponsoring rallies, holding vigils and drawing media attention in support of its lobbying efforts.

         This Committee has previously advised that it is inappropriate for a judge to serve on the board of directors of a not-for-profit organization where issues championed by that organization are directly related to issues which the judge may well be called upon to address in his or her judicial capacity. Being perceived as an advocate in view of the high level association with the organization would cast reasonable doubt on the judge's independence and capacity to serve impartially. 22 NYCRR 100.1; 100.2; 100.4(A)(1); see e.g., Opinions 88-145 (Vol. III); 88-150 (Vol. III); 95-10 (Vol. XIII); 95-126 (Vol. XIII); 96-96 (Vol. XIV); 97-100 (Vol. XVI). Consequently, in our opinion it would be impermissible for the inquiring Family Court judge to serve on the board of directors of the advocacy group in question.