February 9, 1998
This is in response to your inquiry (98-08) in which you seek the Committee’s advice as to whether you may serve as a community representative on a search committee for the selection of a new Superintendent of Schools for your local school district.
Enclosed for your reference is a copy of Opinion 90-90 (Vol. VI) in which this Committee determined that a part-time judge may serve on a search committee for appointment of a school district superintendent. The opinion cites section 100.5(B) of the pre-1996 Rules Governing Judicial Conduct. Language similar to this section was incorporated into the current Rules Governing Judicial Conduct at 22 NYCRR 100.4(C)(3). In addition, in letter Opinion 97-143, the Committee held, based upon the current rules, that a full-time judge may serve on the advisory committee for the selection of a new school superintendent.
In light of these prior determinations, the Committee perceives no ethical barrier to your serving as a community representative on the search committee.