Opinion 95-23

January 19, 1995

Digest:         A full-time judge may not serve on the advisory board of a commercial air travel magazine.

Rule:            22 NYCRR 100.5(c)(2)

Opinion:

         Prior to becoming a full-time judge, the inquirer had practiced in the area of travel law, about which he had written extensively. The judge has now been asked to serve on the advisory board of a consumer air travel magazine published monthly.

         As stated by the judge, "the position is non-paying (except for articles, if any) and seeks my advice on legal developments within the travel industry." It is anticipated that the editorial staff would call upon members "for input on story ideas and trends in their area of expertise (yours being travel law)." The judge seeks the opinion of the Committee as to whether service on the advisory board is permissible.

         The Committee is of the opinion that the judge should not serve on the advisory board. Section 100.5(c)(2) of the Rules of the Chief Administrator bars such participation:

(2) No full-time judge shall be a managing or active participant in any form of business enterprise organized for profit, nor shall he or she serve as an officer, director, trustee, partner, advisory board member or employee of any corporation, company, partnership or other association organized for profit or engaged in any form of banking or insurance. ( emphasis added)

         It appears that the magazine is a business enterprise organized for profit, and, therefore, the judge may not serve.