Opinion 92-21

January 30, 1992

Digest:         A part-time judge, who owns two commercial properties, may speak, as a property owner at a Planning Board meeting about a zoning issue which affects the judge's property.

Rule:            22 NYCRR 100.4(b).

Opinion:

         A part-time judge, who owns two commercial properties, asks whether the judge may attend a Planning Board meeting to voice an opinion on the rezoning of another piece of commercial property which is located near the judge's properties.

         While section 100.4(b) of the Rules of the Chief Administrator restricts the topics which judges may address at public hearings, in these circumstances the judge may voice his or her opinion at the Planning Board meeting, but only insofar as it affects the judge's property, and only in the judge's individual capacity as a property owner.