April 29, 1999
Digest:
A judge may serve as co-chair of a citizens task force to reduce teen violence
and crime in the community, but should avoid participation in controversial
issues, litigation, fund-raising or other activities incompatible with
judicial office.
Rule:
22 NYCRR 100.4(C)(3)(a)(i) and (ii);
Opinions 90-19 (Vol. V); 90-25 (Vol. V);
93-102 (Vol. XI); 93-108 (Vol. XII); 99-21.
Opinion:
A full-time judge inquires whether the judge may serve as co-chair of a citizens task force to reduce teen violence and crime. As co-chair, the judge would be responsible for the supervision of a number of "VISTA" volunteers.
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 to a non-profit civic organization, provided that it is not likely that the committee, commission or organization will be engaged in proceedings which would ordinarily come before the judge or will be engaged regularly in adversary proceedings in any court. 22 NYCRR 100.4(C)(3)(a)(i) and (ii). Clearly, the prevention of teen violence and crime is an issue regarding the improvement of the law, the legal system or the administration of justice.
In prior opinions, this Committee advised that judges may participate in similar activities, e.g., the planning and development of a Youth Court, (Opinion 93-102 [Vol. XI]); the advisory board of a neighborhood crime prevention program (Opinion 90-25 [Vol. V]); the advisory committee of a mediation program (Opinion 90-19 [Vol. V]); a civic/governmental board affiliated with a coalition of agencies involved with the prevention of juvenile delinquency. Opinion 99-21. In Opinion 93-108 (Vol. XII), the Committee also advised that a judge may be a member of a non-partisan citizen's committee which seeks ways to reduce violence in the community, but should avoid participation in controversial issues , litigation, fund-raising or other activities incompatible with judicial office. Opinion 93-108 (Vol. XII).
In sum, participation on a Board involved with the prevention of teen violence and crime is permissible, provided the judge is mindful of the restrictions listed above.