Opinion 18-71

August 6, 2018

Dear :

         Your inquiry (18-71) asks if you may continue to serve as a trustee on your local board of education, or at least finish your appointed term, due to your recent appointment as a Support Magistrate.

         A Support Magistrate is a quasi-judicial position, subject to the Rules Governing Judicial Conduct (see 22 NYCRR 100.6[A]). We have previously advised that a Judge is ethically barred from serving as a school board trustee, whether the position is appointed or elected.¹

         Enclosed, for your convenience, are Opinions 17-106; 03-135; 09-90; and 90-63, 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.

_____________________

¹ The Committee notes that there would be a different result if the position were for a special act school district (see Opinion 13-166/13-166[A]) or a parochial school (see Opinion 97-104/97-105).