Opinion 16-51

May 17, 2016

Dear :

         This responds to your inquiry (16-51) asking whether you may serve on a new not-for-profit community economic development corporation which is “organized to spur economic and social development in an area that ... suffers from blight and community deterioration” by “providing support, space, and necessary programs such as job training, homeless services, and community outreach.” The entity “plans to work with local business and community leaders to make these programs possible.”

         A full-time judge may serve on a board of directors of a not-for-profit local development corporation only if the position does not interfere with the judge’s judicial duties, and the entity is unlikely to be engaged in adversarial proceedings that would ordinarily come before the judge or regularly engaged in adversarial proceedings in any court.

          Enclosed, for your convenience, is Opinion 15-15 which addresses this issue.

                                       Very truly yours,

                                       George D. Marlow, Assoc. Justice

                                       Appellate Division, First Dep’t (Ret.)

                                       Committee Chair

Enc.