Opinion 06-137

January 25, 2007

Digest:         A full-time judge may not serve on the advisory board of a County Youth Board whose purpose is not related to the improvement of the law, the legal system or the administration of justice.

Rules:         22 NYCRR 100.4(C)(2)(a); 100.4(C)(3)(a)(i), (ii); 100.6(B)(1); Opinions 05-155; 04-82; 03-79; 99-21(Vol. XVII); 98-133 (Vol. XVII); 97-123 (Vol. XVI); 96-137 (Vol. XV); 94-02 (Vol. XII); 93-120 (Vol. XI); 91-40 (Vol. VII).

Opinion:

         A full-time judge inquires whether he/she may accept an invitation to serve on the Youth Advisory Board for the ACT for Youth Initiative of the County Youth Board. Current members of this advisory board are employed in various fields, including health and education, but do not include prosecutors, defense attorneys, government attorneys, law guardians or other advocates who would regularly appear before the judge. The inquirer states that the purpose of the advisory board and the ACT for Youth Initiative is to promote “healthy outcomes” and “positive development” in youth, but the program is not a “law and order” or “how to stop crime” program.

         This Committee has previously determined that a part-time judge may serve, without compensation, on the advisory board to a County Youth Bureau, a position substantially similar to the one in the instant inquiry. Opinion 93-120 (Vol. XI). The outcome in Opinion 93-120, however, was expressly conditioned on the fact that the inquirer was a part-time judge. Id. The critical distinction here is that part-time judges are expressly exempted from the prohibitions set forth in section 100.4(C)(2)(a) of the Rules Governing Judicial Conduct. 22 NYCRR 100.4(C)(2); 100.6(B)(1); see also Opinion 03-79.

         The Rules Governing Judicial Conduct allow a judge to be a member or serve as an officer, director, trustee or non-legal advisor of a civic, charitable or fraternal organization that will not likely be involved in proceedings that ordinarily would come before the judge and is unlikely to engage regularly in adversary proceedings in any court. 22 NYCRR 100.4(C)(3)(a)(i) and (ii). A full-time judge, however, may not accept appointment to a governmental committee or commission, unless it is devoted to the improvement of the law, the legal system or the administration of justice. 22 NYCRR 100.4(C)(2)(a); Opinions 05-155; 99-21 (Vol. XVII); 98-133 (Vol. XVII); 97-123 (Vol. XVI); 96-137 (Vol. XV); 93-120 (Vol. XI).

         Although laudable, the purpose of the county government-sponsored initiative in the instant inquiry is not related to the improvement of the law, the legal system or the administration of justice. Therefore, a full-time judge may not serve on this Board. Opinions 04-82; 94-02 (Vol. XII); 96-137 (Vol. XV); 91-40 (Vol. VII).