Opinion 03-07

March 6, 2003

Digest:         A retired judge who serves as a Judicial Hearing Officer may serve on the Board of Directors of a local legal services office that provides free legal services to eligible litigants, but may not engage in fund-raising on behalf of the organization.

Rules:          22 NYCRR 100.4(H)(1)(c); 100.4(C)(3)(b)(i);100.6(A); 122.10; Opinions 01-109; 01-19; 00-117 (Vol. XIX); 97-03 (Vol. XV); 95-66 (Vol. XIII); 95-64 (Vol. XIII); 94-44 (Vol. XII); 89-63 (Vol. III); 89-61 (Vol. III).

Opinion:

         A retired judge who serves as a Judicial Hearing Officer (JHO) has been asked to serve on the Board of Directors of a local legal services office that provides free legal services to eligible litigants. The judge asks if service on the board would be permissible, and, if so, may the JHO engage in fund-raising on behalf of the organization.

         Judicial Hearing Officers, as quasi-judicial officials, are required to comply with the Rules Governing Judicial Conduct in the performance of their judicial duties and otherwise must, so far as practical and appropriate, use such rules as guides to their conduct. 22 NYCRR 100.6(A); Opinions 01-109; 95-66 (Vol. XIII); 95-64 (Vol. XIII); 94-44 (Vol. XII). In that connection, we have previously noted that a full-time judge may not solicit or receive compensation for extra-judicial activities performed for or on behalf of any private legal aid bureau or society designated to represent indigents in accordance with article 18-B of the County Law. 22 NYCRR 100.4(H)(1)(c).

         However, unlike a full-time judge, a Judicial Hearing Officer may serve as an arbitrator or mediator and is permitted to practice law, subject to certain limitations and considerations. 22 NYCRR 122.10; Opinions 01-19; 00-117 (Vol. XIX); 89-63 (Vol.

III). Serving on the Board of Directors for a legal services office, to the extent such service might be considered a form of the practice of law, would be a permissible activity.

         However, this Committee has previous held that Judicial Hearing Officers and other quasi-judicial officials may not engage directly in fund-raising activities on behalf of not-for-profit organizations. 22 NYCRR 100.4(C)(3)(b)(i); Opinions 01-109; 97-03 (Vol. XV); 89-61 (Vol. III).