Opinion: 99-21

March 11, 1999






Digest:  A full-time judge may serve on a local Prevention Partnership Board which is affiliated with a coalition of agencies involved with the prevention of juvenile delinquency.
 

Rule:  22 NYCRR 100.4(C)(3)(a)(i) and (ii);
           Opinions 90-19 (Vol. V); 90-25 (Vol. V);
           93-53 (Vol. XI); 93-102 (Vol. XI).
 
 

Opinion:

            A full-time judge inquires if it is permissible to serve on a local Prevention Partnership Board which is affiliated with a coalition of community and governmental agencies involved with the prevention of juvenile delinquency. The Board consists of the collaborative efforts of a municipal Youth Bureau, various social services and substance abuse organizations, law enforcement entities and the department of probation. The Board acts as a liaison between the various community agencies, parents and the criminal justice system in an effort to prevent juvenile delinquency.

            The Rules Governing Judicial Conduct allow a full-time judge to accept appointment to a governmental committee or commission that is devoted to the improvement of the law, the legal system or the administration of justice, or a non-profit civic organization, provided that it is not likely that the organization will be engaged in proceedings which would ordinarily come before the judge or be engaged regularly in adversary proceedings in any court. 22 NYCRR 100.4(C)(3)(a)(i) and (ii). Clearly, the prevention of juvenile delinquency is an issue regarding the improvement of the law, the legal system and the administration of justice and, based on the materials submitted, it does not appear that the Board is likely to be engaged in litigation of any kind.

            In prior opinions, this Committee advised that judges may engage in similar endeavors devoted to the improvement of the law, the legal system or the administration of justice, e.g., participating in the planning and development of a Youth Court, (Opinion 93-102 [Vol. XI]); serving on the Advisory Board of a Neighborhood Crime Prevention Program (Opinion 90-25 [Vol. V]); serving as a member of an Advisory Committee of a Mediation Program (Opinion 90-19 [Vol. V]); and being active in a mentoring program in an advisory capacity (Opinion 93-53 [Vol. XI]) .

            The Committee notes that the community benefits from having judges take an active part in community affairs whenever possible. Participation on a Board which is affiliated with a coalition of community agencies involved with the prevention of juvenile delinquency, in our view, is a permissible extra-judicial activity.