In order to assure that you are covered by the statutory presumption, if you wish to engage in outside employment and you get prior approval from Chief Counsel John McConnell, we recommend that you thereafter write to the Advisory Committee on Judicial Ethics, c/o Maryrita Dobiel, Esq., for the Committee to address the particular facts of your situation. 

Opinion 11-19

May 4, 2011

Dear Judge:

         You have asked the Committee to consider whether you are ethically permitted to engage in outside employment as described in your inquiry (11-19) during the period for which 22 NYCRR 100.4(D)(3) has been administratively suspended. Specifically, you ask whether you may collect money for your spouse at craft shows.

         In considering your inquiry, we wish to emphasize that the Committee can only comment on the ethical propriety of your prospective conduct (see 22 NYCRR 101.1), separate and apart from any administrative approvals you may have received.

         Based on our independent review, we conclude that your participation in the described activity would ordinarily be barred by the rule which provides that “[a] full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity ...” (22 NYCRR 100.4[D][3]).

         However, in light of the temporary suspension of Rule 100.4(D)(3), we conclude that you may ethically participate in the described activity during such temporary suspension, subject to all other applicable sections of the Rules Governing Judicial Conduct and further subject to the terms and conditions of any administrative approvals you may have received. 

                                                 Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair