Opinion 16-148

December 12, 2016

PERSONAL & CONFIDENTIAL

Dear :

         This responds to your inquiry (16-148) asking if it is ethically permissible to serve as a director of a local Urban League. The Committee understands this is a not-for-profit entity not associated with law enforcement, not likely to be in litigation in any court, and apparently not controversial as its vision is “[t]o provide opportunities for members of all communities in our city to have access to education, employment and a living environment that fosters mutual respect.”

The Committee has previously approved membership on Boards of not-for-profits subject to generally applicable limits on judicial speech and conduct, i.e., a judge may not personally participate in soliciting funds (see 22 NYCRR 100.4[C][3][b][i], [iv]); the judge’s extra-judicial responsibilities may not interfere with his/her judicial responsibilities (see 22 NYCRR 100.4[A][3]); and the not-for-profit is unlikely to be engaged in cases ordinarily coming before the judge. As you are a full-time judge, the entity may not be regularly engaged in adversary proceedings in any court (see 22 NYCRR 100.4[C][3][a][ii]).

            Enclosed, for your convenience, are Opinions 16-124 and 04-09 which address this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t (Ret.)

                                                 Committee Co-Chair

Hon. Margaret T. Walsh

                                                            Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

Encls