Opinion 15-149

October 1, 2015

PERSONAL AND CONFIDENTIAL

Dear :

         This responds to your inquiry (15-149) asking several questions about permissible extra-judicial conduct.

          The Committee has previously advised that it is ethically permissible to serve as a paid, part-time adjunct professor at a private law school (see 22 NYCRR 100.4[B]; see also Opinions 09-73; 09-09; 94-40).

         It is also ethically permissible to continue to serve on the board of a private, non-profit school that your child attends, provided you are not involved in any fund raising, you do not render legal advice, and you do not lend the prestige of judicial office to advance any private interest (see Opinions 09-150; 08-173; and 97-104/97-105). However, you may not serve on the audit committee for the same school (see Opinion 03-138). As to the academic affairs committee, it is permissible to serve as long as you are not adjudicating compliance issues (see Opinions 13-155 and 07-199).

         You may also continue to serve on your condominium board of directors provided that you do not serve as a legal advisor, engage in decisions likely to lead to litigation or otherwise render legal services (see Opinions 11-51; 98-93; 88-119).

         Finally, it is ethically permissible to serve on a bar association committee dealing with criminal procedure issues and advocacy (see Opinion 07-126), subject to certain limitations as set forth in Opinion 12-44.

         Enclosed, for your convenience, are Opinions 13-155; 12-44; 11-51; 09-150; 09-73; 09-09; 08-173; 07-199; 07-126; 98-93; 97-104/97-105; 03-138; 94-40; 88-119 which address these issues.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.