Opinion 20-155

December 1, 2020

Dear :

         This responds to your inquiry (20-155) asking whether you, a full-time judge, may form a for-profit company to provide instruction and education on topics involving diversity, equity and inclusion.

         The Rules Governing Judicial Conduct provide that full-time judges shall conduct their extra-judicial activities to minimize the risk of conflict with their judicial obligations. Therefore, “[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, the Committee has advised that a judge may be a minority shareholder in a company, provided the judge is a purely passive investor with no other role.

         Since the company would be engaged in a for-profit endeavor, participating in the formation and creation of such company would make you an “active participant” in a business entity, which is prohibited under the Rules.

         Enclosed for your convenience is Opinion 18-169, which addresses this issue.

                                       Very truly yours,

                                       Margaret T. Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair

                                       Lillian Wan

                                       Acting Supreme Court Justice

                                       Committee Co-Chair

Enc.