Opinion 92-85

September 24, 1992

NOTE: MODIFIED BY RULE 100.4(C)(3)(b)(i)

The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)(3)(b)(i) now provides as follows:

(b) A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise:

(i) may assist such an organization [an organization devoted to the law, the legal system or the administration of justice or an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit] in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities.

Digest:         A full-time judge may serve on the board of directors of a day care center for the elderly.

Rules:          22 NYCRR 100.5(b) (2) and (3)

Opinion:

         A judge requests an opinion whether the judge may serve on a community board of directors of a day care center for the elderly.

         This Committee, in Opinions 89-64, 88-110, 88-121, 91-23, 91-33 and 91-69, has concluded that judges may serve on similar boards of directors. It should be noted that sections 100.5(b) (2) and (3) of the Rules of the Chief Administrator restrict judges from soliciting funds for any civic organizations or from giving investment advice to such organizations. Accordingly, the judge may serve on this board of directors subject to the restrictions of sections 100.5(b) (2) and (3).