Opinion 92-123

November 19, 1992

Digest:         A full-time judge may not serve as a hearing officer in a church-related disciplinary hearing, even if it is held outside the state.

Rules:          22 NYCRR 100.5(e).

Opinion:

         A full-time judge asks if it is permissible to serve as a hearing officer in a church-related disciplinary proceeding if held outside the state. The hearing officer does not participate in determining the disciplinary penalty.

         Section 100.5(e) of the Rules of the Chief Administrator states that no full-time judge "shall act as an arbitrator or mediator." Serving as a hearing officer in a church-related disciplinary proceeding is a form of private judging and is so close to being an arbitrator, that it is prohibited by section 100.5(e) of the Rules, even where it occurs outside the state.