Opinion 22-145

Short-Form Opinion

October 27, 2022

Question:          May a court attorney-referee serve as a board member on a county board of ethics in a different county, where the board hears complaints and makes recommendations regarding sanctions?

Discussion:        As quasi-judicial officials, court attorney-referees must comply with the Rules Governing Judicial Conduct in the performance of their judicial duties and, “otherwise shall so far as practical and appropriate use such rules as guides to their conduct” (22 NYCRR 100.6[A]). The extra-judicial activities of a quasi-judicial official must be compatible with their position and must not cast reasonable doubt on their capacity to act impartially, detract from the dignity of their office, or interfere with proper performance of their official duties (22 NYCRR 100.4[A][1]-[3]).

The Committee has previously advised that a quasi-judicial official may not serve on a local municipality’s ethics board “where the board is authorized to conduct investigations and hearings concerning alleged ethics violations by officers and employees of the municipality” (Opinion 06-09). This role would inevitably involve “matters of public controversy” (Opinion 02-43). Moreover, the investigation and prosecution of any ethics complaints, even those that would not come before your court, would place you “in an adversarial role as a governmental official” which we have found to be incompatible with judicial office (id., quoting Opinion 19-103). Accordingly, you may not serve on this board, even in another county.

Enclosed:          Opinion 19-103; 06-09; 02-43.