Opinion 22-146

October 27, 2022

Question:        You ask if you may preside in matters involving a non-profit organization for which you previously served as an uncompensated board member. You resigned from the board shortly before assuming judicial office.

Discussion:      A judge must disqualify in proceedings in which "the judge's impartiality might reasonably be questioned" (22 NYCRR 100.3[E][1]), including when the judge is an officer, director or trustee of a party (22 NYCRR 100.3[E][1][d][ii]), is likely to be a material witness (22 NYCRR 100.3[E][1][e]), or has personal knowledge of disputed evidentiary facts concerning the proceeding (22 NYCRR 100.3[E][1][a][ii]).

                      As a former board member, you are disqualified, subject to remittal, from presiding in "matters on which [you were] briefed or involved as a board member" (Opinions 19-01; 22-51). This obligation continues indefinitely and does not expire.

                      However, you may immediately preside in other matters that you were not briefed on or involved with during your tenure on the board, provided you can be fair and impartial (see id.). There is no waiting period. While you are not ethically required to disclose your previous board membership in matters involving the organization, you may do so in your sole discretion as a prophylactic measure (see id.).

Enclosed:        Opinions 19-01; 22-51.