Opinion 23-28

Short-Form Opinion

March 23, 2023

Question:    May a full-time judge serve on the board of directors of two local not-for-profit organizations: 1) [City] Partners in Education, which “partners with students to ensure they are ready for, enroll in, and complete college” and “does not engage with the Courts at all” and 2) Cluster, Inc., which provides, among other programs, community mediation services including in small claims court?

Discussion:  A judge generally may serve as an officer, director, trustee or non-legal advisor of a civic or charitable organization not conducted for profit (see 22 NYCRR 100.4[C][3]), provided the entity is unlikely to be engaged in “proceedings that ordinarily would come before the judge,” and in the case of full-time judges, is unlikely to be engaged regularly in adversarial proceedings “in any court” (22 NYCRR 100.4[C][3][a][i]-[ii], [A][1]-[3]); see Opinions 21-34; 18-40).  We further note that a judge may not serve on a board of an organization to which the judge has the power to make referrals (see Opinions 21-136; 21-109, 20-55).

Given that Partners in Education does not engage in adversarial proceedings and does not receive referrals from the court, you may serve on the board of directors.  However, you may not serve on the board of directors of Cluster, Inc. as it is likely to be engaged regularly in adversarial proceedings. 

Enclosed:    Opinions 21-136, 21-109, 21-34, 20-55, 18-40.