Opinion 90-141

October 23, 1990

Digest:         A full-time judge, who served as a volunteer member of a school district budget advisory committee before judicial appointment, should resign from that committee.

Rule:            22 NYCRR 100.5(g).

Opinion:

         A full-time judge, prior to judicial appointment, volunteered for and participated as a member of a city school district budget advisory committee, which was established to recommend the expenditure of funds to the board of education. The judge’s concern relates to the propriety of continued service with that committee.

         Since the Chief Administrator has provided in section 100.5(g) of the Rules that, “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 inquiring judge should resign from the committee, even though it is advisory in nature.