Opinion 05-155

January 26, 2006

Digest:         A full-time judge may serve in an uncompensated advisory position as regional coordinator of the National Association of Drug Court Professionals.

Rules:          22 NYCRR 100.4(B); 100.4 (C)(3); Opinions 90-25 [Vol. V]; 93-102 [Vol. XI].

Opinion:

         A full-time judge inquires whether it is permissible to serve on a committee of the National Association of Drug Court Professionals. The judge would serve as an uncompensated regional coordinator facilitating the dissemination of information, lecturing and providing training for drug court judges.

         Section 100.4(B) of the Rules Governing Judicial Conduct provides that a judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of Part 100. Section 100.4(C)(3) states that “[a] judge may be a member or 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 . . .”

         The Committee has in prior opinions advised that judges may engage in similar activities devoted to the improvement of the law, the legal system or the administration of justice e.g., serving on the Advisory Board of a Neighborhood Crime Prevention Program (Opinion 90-25) (Vol. V); and in the planning and development of a Youth Court. Opinion 93-102 (Vol. XI).

         Accordingly, it is the opinion of the Committee that the judge may serve in the capacity stated, provided that such service will not affect the performance of the inquirer’s judicial duties.