Opinion 23-159

December 14, 2023

Question:  A judge may not stand for election to or serve on a local school board notwithstanding their child’s attendance at a local public high school. The judge may attend and participate in school board meetings as the parent of a current student.

Discussion: We have advised that a sitting judge may not run for or serve on a school board (see Opinions 90-63; see also 22 NYCRR 100.5[B] [a judge must resign from judicial office on becoming a candidate for any non-judicial office]; 100.0[A] [defining “candidate”]).  

                 However, to the extent legally permitted, we conclude a judge may attend and participate in school board meetings in his/her capacity as the parent of a current student.  In so doing, we note that the judge must not invoke the judge’s judicial status and any advocacy by the judge should be limited to the judge’s child’s interests. 

Enclosed:   Opinions 18-74; 18-71; 13-38; 03-135; 91-15; 90-63; 89-157/90-07.