Opinion 06-120

September 7, 2006

Digest:         A judge who presides over felony matters should not serve on a local committee that will ask the New York State legislature to mandate drug testing for all middle and high school students.

Rules:          22 NYCRR 100.1; 100.2(A); 100.4(A)(1); Opinion 01-64 (Vol. XX); 97-100 (Vol. XVI); 96-96 (Vol. XIV); 95-126 (Vol. XIII); 88-150 (Vol. III).

Opinion:

         A judge who presides over felony criminal matters asks whether it is ethically permissible to serve on a local committee that will ask the State legislature to mandate drug testing for all middle and high school students.

         Pursuant to the Rules Governing Judicial Conduct, a judge must uphold and preserve the independence of the judiciary, act in a manner that promotes public confidence in the integrity and impartiality of the judiciary, and conduct all of the judge’s extra-judicial activities in a manner that does not cast reasonable doubt on his/her capacity to act impartially as a judge. 22 NYCRR 100.1; 100.2(A); 100.4(A)(1).

         In applying these principles, this Committee has previously concluded that a judge should not serve on the board of directors of an organization involved in promoting positions on issues that may come before the judge in his/her judicial capacity, as to do so would cast doubt on the judge’s independence and capacity to serve impartially. Opinion 01-64 (Vol. XX); 97-100 (Vol. XVI); 96-96 (Vol. XIV); 95-126 (Vol. XIII); 88-150 (Vol. III). The same concern is implicated in the present inquiry. The committee in question intends to ask the legislature to enact a law that will mandate drug testing for all middle and high school students. The inquiring judge presides over felony criminal matters which undoubtedly include drug and related offenses. In our opinion, the judge should decline to serve on the committee, as such service could create an appearance of impropriety and cast reasonable doubt on the judge’s independence and ability to serve impartially.