Opinion 94-37

April 28, 1994

Digest:         A full-time judge may not serve on a Mayor’s Committee on the Judiciary whose function is to submit recommendations of candidates to the Mayor for appointment to the Family and Criminal Courts, and interim appointments to Civil Court.

Rules:          22 NYCRR 100.. New York Constitution Art. 6, Section 2(c), (d)(1)

Opinion:

         A full-time judge inquires whether it is permissible to serve on the Mayor’s Committee on the Judiciary, whose function is to submit recommendations to the Mayor for appointments to the Family and Criminal Courts, and interim appointments to Civil Court.

         The activity, regardless of any efforts expended to make the recommendations in a fair manner and with emphasis on the judicial qualifications of the candidates involved, by its nature, would inevitably be perceived as a degree of participation by a member of the judiciary in a political process. Such participation is prohibited. See Section 100.7 of the Rules of Judicial Conduct.

         Consequently, the judge may not serve on this committee. Reference may also be made to Art.6, Section 2(c) and (d)(1) of the New York Constitution, concerning the process of appointment by the Governor of Judges of the Court of Appeals, and particularly the selection of the members of the Commission on Judicial Nomination to evaluate the qualifications of candidates for appointment. No active judge may serve on the commission. This reference, although not controlling, does reflect related considerations in prescribing the membership of a comparable Commission.