Opinion 89-132

January 18, 1990

Please Note: Former sections 100.4(b) and 100.4(g) have been replaced by 22 NYCRR 100.4(C)(1) and 100.4(C)(2)(a), respectively.

Digest:         A full-time judge may not serve on a congressman’s advisory committee which recommends candidates for appointment to military academies.

Rules:          22 NYCRR 100.4(b); 100.5 (g)

Opinion:

         The question proposed is whether a full-time judge may serve as a member of an advisory board established by a congressman for the purpose of evaluating and advising the congressman on candidates for appointment to various United States service academies.

         Section 100.4 (b) of the Rules of the Chief Administrator provides:

A judge may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice, and he may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice.

         Section 100.5 (g) of the Rules further provides:

 No judge shall accept an appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice.

         The members of the congressman’s committee may be perceived as participating in a political or quasi-political function. In addition, the committee is not concerned with the improvement of the law, the legal system or the administration of justice. Accordingly, the judge may not serve on the committee.