Opinion 09-90

May 18, 2009

Hon.

Dear Magistrate :

         This responds to your inquiry (09-90) asking whether it is ethically permissible for you to run for and serve on a local school board and the Board of Trustees of a local public library. The Rules Governing Judicial Conduct prohibit a judge from “participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization” (22 NYCRR 100.5[A][1][d]). Therefore, you may not run or serve in either capacity.

         Enclosed, for your convenience, are Opinions 02-06; 90-63; and 89-157/90-07, which address this issue. Please be advised that 22 NYCRR 100.7, cited in Opinions 90-63 and 89-157/90-07, has been replaced with 22 NYCRR 100.5(A)(1)(d).

         If you have any further questions regarding this matter, feel free to call the Committee’s toll free number at 866-795-8343.

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair

Encls.