Opinion 24-102

June 20, 2024

Facts/Issue:    A full-time judge whose docket consists mostly of claims against the State of New York and medical malpractice cases asks if the judge may serve on the board of directors of a not-for-profit organization that provides services to high-risk individuals and families with behavioral health challenges.  The organization is not engaged in proceedings that would normally come before the judge’s court, nor regularly engaged in adversarial proceedings in any court, and the inquirer believes that no court appointments are made to the organization or its programs.

Discussion:     We have previously advised that a full-time judge may serve on the board of a not-for-profit charitable organization that provides services to orphans, foster children, and people with disabilities, provided that: such service does not conflict with the judge’s judicial duties; the judge will not have the opportunity to make referrals to the organization; the organization will not be regularly engaged in proceedings that would ordinarily come before the judge or in adversarial proceedings in any court; and the judge will not be involved in soliciting or fundraising for the organization.

                      In the event the organization appears before the judge as a party, witness, or advocate, the judge must disqualify, subject to remittal.

Conclusion:     A full-time judge may serve on the board of directors of a charitable not-for-profit organization if the judge has no opportunity to make referrals to the organization, the organization will not regularly be involved in adversarial proceedings in any court, or any proceedings in the judge’s court, and board membership does not conflict with judicial duties.  As always, the judge must refrain from fund-raising for the organization.

Authorities:     Opinions 18-178; 18-166; 07-81.