Opinion 04-09

April 22, 2004

Digest:         Under the circumstances, the judge may serve as co-chair of a Community Advisory Council of a medical college provided that (1) the judge does not personally participate in the solicitation of funds or other fund-raising activities; (2) the judge’s responsibilities as a co-chair do not interfere with the judge’s judicial duties; and (3) the Council is not likely to be engaged in proceedings that would ordinarily come before the judge or is not regularly engaged in adversary proceedings in any court.

Rules:          22 NYCRR 100.4(C)(3)(a)(i),(ii);100.4(A)(3); 100.4(C)(3); Opinions 88-162 (Vol. III); 01-28 (Vol. XIX).

Opinion:

         A full-time judge inquires whether the judge may serve as co-chair of a medical college’s Community Advisory Council (“Council”). It will be the Council’s responsibility to interpret and communicate the community’s needs and concerns to the college administration, and in turn to present to the community the plans of the college for growth and development. In effect, the Council serves as a liaison between the medical college and the community. It is not engaged in, nor does it anticipate being engaged in any litigation, and there is no possibility that the Council will be involved in medical malpractice actions involving either the college or the hospital with which the college is affiliated. Nor does the co-chair position involve fund-raising.

         Section 100.4(C)(3) of the Rules Governing Judicial Conduct permits a judge to “serve as an officer, director, trustee, or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit.” While a judge is permitted to serve on the board of such organization, the judge may only serve so long as the responsibilities of the office do not interfere with the judge’s judicial duties. See, 22 NYCRR 100.4(A)(3).

         While there does not appear to be any prohibition against the inquiring judge serving on the Council, of possible concern is the potential for the Council to be involved in litigation. This may cause a conflict for the inquiring judge in the future. A judge’s ability to serve with such an organization is limited by section 100.4(C)(3)(a)(ii) of the Rules which states that the judge may not serve if the judge is a full-time judge and the organization will regularly be engaged in adversary proceedings in any court. Nor should the judge serve if the organization is likely to be engaged in proceedings that originally would come before the judge. 22 NYCRR 100.4(C)(a)(i). See, Opinions 88-162 (Vol. III), 01-28 (Vol. XIX). Based on the information provided, neither circumstance appears likely. Accordingly, the judge may serve, with due regard to the concerns expressed herein.