Opinion 89-133

December 5, 1989

Digest:         A full-time judge may serve as president of the board of directors of a residential cooperative.

Rules:          NYCRR 100.5(b); 100.5(c)(2)

Opinion:

         A full-time judge inquires whether he may serve as a member or president of the board of directors which manages the cooperative where he lives.

         In Advisory Opinions 88-98 and 88-119, this Committee has found that judges may serve on the board of directors of a residential cooperative, as the cooperative is not organized for profit. The Committee, however, has advised that judges should not serve as legal advisors nor should they participate in decisions that are likely to lead to litigation.

         No significant distinction exists for a judge between serving as a board member and serving as a president of the board. Thus, the judge may serve as president of the board of the cooperative.