Opinion 96-84

September 5, 1996

Digest:         A full-time judge may not serve on the Board of Directors of an incorporated organization which provides free legal services to low-income residents of the state.

Rules:          22 NYCRR 100.2(A) and (C); 100.4(C)(3)(a)(ii)

Opinion:

         A full-time judge inquires whether he/she may serve on the Board of Directors of an incorporated organization which provides free legal services to low income area residents as well as litigation assistance, training and legislative monitoring for legal services programs. No attorneys from this organization are expected to appear before the judge but attorneys from another organization from which this organization was spun-off would regularly appear in the judge’s court.

         The Rules Governing Judicial Conduct prohibit a full-time judge from serving as an officer, director or trustee of a not-for-profit organization if the organization will be engaged regularly in adversary proceedings in any court. 22 NYCRR 100.4(C)(3)(a) (ii). Clearly, the purpose of this organization is to provide legal services for the indigent, including adversarial litigation services in the courts. Rule 100.4(C)(3)(a) (ii) would therefore prohibit this judge from serving on the board of this legal services organization, regardless of whether its attorneys were expected to appear before the judge or in the judge’s court.

         Serving on the board would also create an appearance of impropriety by drawing into question the impartiality of the judiciary, lending the prestige of office to advance the private interest s of others, and potentially permitting others to convey the impression that they are in a special position to influence the judge. 22 NYCRR 100.2(A) and ( C).

         Therefore, a full-time judge may not serve on the Board of Directors of an incorporated organization which provides free legal services to low income residents of the state.