Opinion 09-34

January 29, 2009

Digest:         The Advisory Committee on Judicial Ethics is authorized to issue advisory opinions concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. The Committee, therefore, has no authority to respond to a question of law concerning the propriety of referring a juvenile delinquent to a local faith-based organization as part of the disposition of a case.

Rule:            Judiciary Law §212(2)(l); Griffin v Coughlin, 88 NY2d 674 (1996).

Opinion:  

         A family court judge asks whether he/she may sentence a juvenile delinquent to attend a program administered by a faith-based youth organization, the goal of which is “working together with the local [house of worship] and other like minded partners to raise up lifelong followers of [religious figure].”

         Because the question presented involves the separation of church and state (see Griffin v Coughlin, 88 NY2d 674 [1996]), in the Committee’s view, it is a question of law. The Committee’s authority is limited to issuing advisory opinions concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. As the inquirer’s question is one of law, the Committee has no authority to respond (see Judiciary Law §212[2][l]).