Opinion 93-120

December 9, 1993

Digest:         A part-time judge may serve as a member of a Youth Board which is the advisory board to a county Youth Bureau.

Rules:          22 NYCRR §§100.4(c), 100.5(b) and 100.5(h), Canon 5(G), Code of Judicial Conduct; Compliance provisions, Code of Judicial Conduct

Opinion:

         A part-time judge inquires whether it would be permissible to serve as a member of the Board of Directors of a county's Youth Bureau. The inquiring justice states that this is a voluntary position.

         The prohibition found in section 100.5(g) of the Judicial Conduct Rules does not apply to part-time judges, just as Canon 5(G) of the Code of Judicial Conduct does not apply to such judges (see Compliance provisions of Code).

         Judges may engage in a variety of activities permitted by section 100.4(c) (activities to improve the law, the legal system and the administration of justice), and 100.5(b) (extrajudicial civic and charitable activities) of the Rules of Judicial Conduct. Moreover, section 100.5(h) of such Rules provides that a part-time judge may accept private or public employment in a state or municipal department or agency, provided that it does not interfere with his or her judicial office, or with the proper performance of the judge's duties.

         It is the opinion of this Committee that the inquiring judge may serve on the Board of Directors of the Youth Bureau.