December 14, 1995
Digest: A full-time judge may serve on the steering committee of an association of homeowners in a recreational community in another state as long as the organization is not engaged in frequent litigation.
Rule: 22 NYCRR 100.5(b)(1); Opinion 94-08
A full-time judge who is an owner of a recreational home in another state has been asked to serve on a steering committee which is being formed to assist in the transfer of the operation from the developer to the property owners. A not-for-profit corporation is being formed and the judge anticipates that as a steering committee member he/she would be expected to render some advice on finance and governance. There is no question of legal advice being sought inasmuch as the committee has an attorney admitted to practice in that jurisdiction. The judge likens the steering committee to a civic association but is concerned that some "litigation seems to be inevitable."
The Committee sees no ethical barrier to the judge serving on the steering committee under the circumstances described. If, however, litigation is frequent then the judge should not serve on the steering committee. See 22 NYCRR 100.5(b) (1); Opinion 94-08.