Opinion 91-102

September 12, 1991

Digest:         A full-time judge may serve as a member of a review board for a research and treatment project planned by a department of the medical school where the judge is on the faculty, provided that the position does not interfere with the proper performance of judicial duties. The judge may receive reasonable compensation similar to that received by other board members, provided that the school is not financially supported in whole or in part by New York State or its political subdivisions.

Rules:          22 NYCRR §§ 100.4 (a); 100.5 (a); 100.6 (a); and (d) (2)

Opinion:

         A full-time judge, who serves on the faculty of a medical college of a major university, where the judge lectures on legal issues affecting certain types of medical treatment, inquires whether the judge also may serve as a member of a review board for a research and treatment project planned by a department of the medical school, and if the judge may so serve, whether the judge may receive similar compensation to that received by other members of the board, which would not exceed $1,000 a year.

         Section 100.4 of the Rules of the Chief Administrator permits a judge, “subject to the proper performance of his or her judicial duties” to “lecture, teach and participate in other activities concerning the law”. Section 100.5 permits a judge to “write, lecture, teach and speak on non-legal subjects” provided such activities do not “interfere with the performance of judicial duties”.

         Based on the foregoing, the judge’s service on the review board is not incompatible with the permissible range of extra-judicial activities, provided that the time constraints of such activity do not interfere with proper performance of the judge’s judicial duties.