Opinion 07-58

April 19, 2007

Digest:         A judge may join a college’s exploratory committee to determine the feasibility of starting a college-affiliated law school, subject to the Rules Governing Judicial Conduct relating to extra-judicial activities.

Rules:          22 NYCRR 100.2(C);100.4(A);(C)(1)(3); 100.5(A)(1); Opinions 99-171 (Vol. XVIII); 99-154 (Vol. XVIII).

Opinion:

         A judge asks if he/she may serve on a college’s exploratory committee to determine the feasibility of forming a new college-affiliated law school. The judge states that the committee will not raise funds.

         Judges are permitted to participate in extra-judicial activities that do not (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office. 22 NYCRR 100.4(A). Judges may assist in planning fund-raising, but are specifically precluded from personally participating in the solicitation of funds or other fund-raising activities for non-profit entities. 22 NYCRR 100.4(C)(1)(3). Furthermore, a judge should not lend the prestige of judicial office or allow others to do so, to advance the private interests of the judge or others. 22 NYCRR 100.2(C)

         In the Committee’s view, nothing in the circumstances the inquirer describes forbids participation in an exploratory committee to determine the feasibility of forming a new college-affiliated law school. Such involvement is subject to the provisions of the Rules Governing Judicial Conduct relating to extra-judicial activities and to other conduct of the judge, as indicated above. See Opinions 99-171 (Vol. XVIII); 99-154 (Vol. XVIII).