Opinion 07-63

April 19, 2007

Digest:         A part-time town justice may moderate an open meeting between the members of a village board and the residents of a village located entirely within the town in which the judge serves, which concerns major issues involving the village, but must avoid creating the perception that he/she espouses a particular viewpoint on matters of public controversy or is involved with partisan political issues.

Rules:          22 NYCRR 100.5(A)(1); Opinions 02-72; 00-79 (Vol. XIX); 97-06 (Vol. XV); 95-94 (Vol. XIII); 88-13 (Vol. II).

Opinion:

         A town justice has been asked to moderate an open meeting between the members of a village board and the residents of the village concerning major issues involving the village. The village is located entirely within the town in which the judge serves.

         A judge may serve as a speaker or master of ceremonies at non-fund-raising events sponsored by civic organizations. Opinion 97-06 (Vol. XV); 88-13 (Vol. II). In addition, a judge may appear as a host on cable public service television programs. Opinions 02-72; 00-79 (Vol. XIX); 95-94 (Vol. XIII). We see no substantial difference between these activities, which entail interacting with guests of perhaps varying perspectives and facilitating discussion, and serving as a moderator under the circumstances presented in this inquiry.

         We conclude, therefore, that the inquirer may moderate an open meeting between the members of a village board and the citizens of the village, concerning issues involving the village. In doing so, however, the judge must be careful to avoid creating the perception that he/she espouses a particular viewpoint on matters of public controversy or is involved with partisan political issues. 22 NYCRR 100.5(A)(1).