Opinion 88-112

October 27, 1988

Topic:          Judge’s participation in city council meeting concerning absentee landowners and an amendment to the City Code.

Digest:         A judge should not participate in a city council meeting involving an amendment of the City Code.

Rule:            22 NYCRR 100.2

Opinion:

         A City Court judge inquires whether he may attend a city council meeting concerning an amendment of the city code to regulate absentee landowners.

         Section 100.2 of the Rules of the Chief Administrator states that a judge must avoid impropriety and the appearance of impropriety. A judge should not participate in a city council meeting to amend a city code as the judge's subsequent hearing of cases involving code violations would give rise to the appearance of impropriety, if not actual impropriety.

         This opinion is advisory only and does not bind either the Office of Court Administration or the Commission on Judicial Conduct.