Opinion 24-195
February 6, 2025
Rules: 22 NYCRR Part 50; 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(2)(a); 100.6(A); 100.6(B)(1); Opinions 22-189; 22-54; 19-147; 19-68; 15-123; 05-03; 95-50; 91-153.
Opinion:
A new part-time town judge, who is also a full-time court attorney, asks if he/she may continue to serve on a housing task force for a village within the town where the judge presides. Members of the task force are appointed to a two-year term by the town board, and their mission is “to research housing needs” in the village, “particularly affordable housing needs, and to make recommendations” to the town board.
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge must conduct his/her extra-judicial activities so that they do not (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]). However, unlike full-time judges, a part-time judge may also “accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice” (22 NYCRR 100.4[C][2][a]; 100.6[B][1]).
Applying these rules, we have advised that a part-time judge may serve by appointment on various governmental committees and task forces (see e.g. Opinions 22-189 [county or local task force formed as part of the New York State Climate Smart Communities program]; 22-54 [“strictly advisory” village traffic and safety committee]; 91-153 [task force of the county health department]; 15-123 [county agency’s advisory committee on services for seniors]; 19-147 [city’s tourism board]; 19-68 [town’s ad hoc committee to establish a process to determine which privately owned real properties may be sold to another governmental entity]; 05-03 [loan committee for a local economic development agency]; 95-50 [city industrial development agency]).
Here, we see no reason to reach a different conclusion, as we see no evident ethical conflicts. We note that service on the village housing task force “does not appear likely to involve the judge in partisan political issues or matters of great public controversy” (Opinion 22-189). Thus, the judge may serve on the housing task force to research housing needs and make recommendations to the town board, provided such service does not interfere with the judge’s judicial duties.
Finally, as a court attorney without quasi-judicial responsibilities (see 22 NYCRR 100.6[A]), the inquiring judge is also subject to the Rules Governing Conduct of Nonjudicial Court Employees (see 22 NYCRR Part 50). Accordingly, the court attorney may contact the Office of Court Administration’s Nonjudicial Ethics Helpline at (888) 283-8442 for guidance on how Part 50 applies to his/her particular circumstances.