Opinion 97-125

December 18, 1997

Dear

         This is in response to your inquiry (97-125) in which you request a formal opinion asking whether the Drug Court Coordinator of the Drug Treatment Court may serve as an officer or director of a proposed foundation which is being established for the purpose of assisting the Court in its operations.

         The Committee, as a general rule, issues opinions only in response to inquiries from judges (or candidates for judicial office) seeking our advice on ethical issues related to their own conduct. Your inquiry does not pose such a question. Rather, it asks whether an employee of the Court may serve in an additional capacity in connection with a proposed foundation. The Committee is not in a position to provide an advisory opinion in that regard, since it does not present a question of judicial ethics.

                                                                     Very truly yours,

                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court

Co-Chair

                                                                     George D. Marlow

                                                                     Dutchess County Court Judge

                                                                     Co-Chair