Opinion 89-108

September 12, 1989

Digest:         A judge of a county-level court may continue to own commercial realty as a tenant-in-common, so long as the judge takes no active role in the management or operation of the premises.

Rule:            22 NYCRR 100.5(C)(2); CJC Canon 5C

Opinion:

         A county judge (sitting by temporary appointment) who is a candidate for election as county judge asks whether a person who becomes county judge may continue as an owner as tenant-in-common of commercial real property, provided such person resigns from the partnership which was formed to manage and maintain the property.

         22 NYCRR 1OO.5(c)(2) prohibits all full-time judges from any active participation in any form of a business enterprise organized for profit. It further provides that the judge may not serve as a partner in any partnership organized for profit. However, section 100.5(c)(2)(iii) also provides that a judge may invest as a limited partner in a partnership so long as the judge takes no part in the management or control of the business of the limited partnership.

         Therefore, the Committee concludes that a county-level judge may continue to own commercial realty as a tenant-in-common, but not as a general partner of a partnership, so long as the judge takes no active role in the management or operation of the premises.