Opinion 09-196

November 10, 2009

Hon.

Dear Judge:

         This responds to your inquiry (09-196) asking whether you may serve on a traffic safety committee task force. Specifically, you would serve on the Court “team” consisting of judges and representatives from both the prosecution and defense in order to identify issues which affect the courts’ ability to adjudicate impaired driving cases.

         A full-time judge may serve as a member of such a task force as long as such service would not affect the performance of judicial duties (see 22 NYCRR 100.4[B]; 100.4[C][3]). Enclosed, for your convenience are Opinions 05-155; 99-88; 98-133 which address this issue.

Very truly yours,

                                                 George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Enclosures