Opinion 89-155

January 18, 1990

Digest:         A part-time judge may serve as vice-chairman of a county solid waste commission, as a secretary to a town fire district, and as a chair of the annual school board meeting for the presentation of the school budget.

Rules:          22 NYCRR 100.5(b).

Opinion:

         A recently elected part-time judge inquires whether he may serve on the county solid waste commission, as secretary of the fire district and as chair of the annual school board meeting.

         Section 100.5(b) of the Rules of the Chief Administrator provides:

A judge may participate in civic and charitable activities that do not reflect adversely upon impartiality or interfere with the performance of judicial duties.

         The solid waste commission was created by the legislature to recommend a county refuse district, to find a landfill operator, to negotiate fees for the landfill, and to recommend funding sources. The judge may serve on the solid waste commission only if the commission does not handle controversial or political issues. There is no prohibition of the judge’s participation in the fire district work or in presiding at the annual school board meeting for the presentation of the budget, which is largely an honorary function.