Opinion 04-03

January 29,2004

Digest:         A recently elected full-time county court judge may not continue to serve as a member of the board of directors of the local humane society.

Rule:            22 NYCRR 100.4(C)(3)(a)(i), (ii); Opinions 94-06, (Vol. XII); 00-59 (Vol. XIX).

Opinion:

         A recently elected full-time county court judge asks whether it is ethically permissible to continue to serve as a member of the board of directors of a local humane society. At least two employees of the local humane society are peace officers who investigate allegations of animal abuse and who initiate proceedings in the justice courts both in the county in which the judge presides and in the neighboring county. The county court has jurisdiction to hear all the appeals from decisions rendered in the justice courts within the county. In addition, appeals from decisions rendered in the justice courts in the neighboring county may be referred to the judge’s court for disposition in the event that a judge in the neighboring county is disqualified.

         A judge may serve as an officer, director or trustee of a civic organization not conducted for profit, unless it is likely that the organization will be engaged in proceedings that ordinarily would come before the judge, or, if the judge is a full-time judge, it is likely that the organization will be engaged regularly in adversary proceedings in any court. 22 NYCRR 100.4(C)(3)(a)(i),(ii). In the present inquiry, both provisions apply, and it is the Committee’s view that the judge cannot continue to serve on the board of directors of the local humane society. Opinions 94-06 (Vol. XIII); 00-59; (Vol. XIX).