Opinion 07-112

September 6, 2007

Digest:         A full-time judge may not serve on the state Regents Advisory Council on Libraries.

Rules:          22 NYCRR 100.4(C)(2)(a); Opinions 02-45; 90-141 (Vol. VI); 89-132 (Vol. V).

Opinion:

         A full-time judge asks if he/she may serve on the state Regents Advisory Council on Libraries. The judge states the Council advises the New York State Board of Regents on “[s]tate policy regarding the New York State Library, library development programs, legislation and library aid programs.” Members of the Council serve without compensation.

         Section 100.4(C)(2)(a) of the Rules Governing Judicial Conduct provides that “[a] full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice.” 22 NYCRR 100.4(C)(2)(a); see also Opinions 02-45; 90-141 (Vol. VI); 89-132 (Vol. V). The inquiring judge, therefore, may not serve on the Regents Advisory Council on Libraries as it is a governmental entity not concerned with “issues of law, the legal system or the administration of justice.”