Opinion 96-08

March 12, 1996

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 be president of a large apartment co-operative, without compensation, provided judicial duties are not impaired thereby.

Rules:          22 NYCRR 100.3; 100.4(g)(a)(b)(c); Opinion 94-08.

Opinion:

         A full time judge inquires if he/she may be president of a large apartment cooperative, without compensation. The cooperative consists of seventy nine units.

         Previous opinions of the committee provide that service of a full time judge as trustee or board member of an apartment cooperative is permissible provided it does not interfere with the judge's judicial duties and will not involve the judge in litigation or rendering legal or investment advice or controversial matters likely to lead to litigation.

         Although the duties of president are more extensive than those of board members there is no reason why the judge may not serve in that capacity.

         However, should the demands of the office be so extensive in view of the size of the cooperative so as to interfere with the judge's judicial duties or require him/her to engage in inappropriate or controversial matters the judge should consider not serving as president.