Opinion: 98-102
September 10, 1998
Digest:    A judge should not serve on a committee established by the town board for the purpose of proposing subdivision regulations where such service may involve public controversy, politics and the possibility of future litigation.

Rule:    22 NYCRR 100.4(A)(3).


            A part-time town judge has been asked by the town supervisor to be part of a committee that is being created to recommend subdivision regulations that would be enacted as a town ordinance. The judge is concerned about possible public controversy, political considerations and future court cases, and seeks the Committee's advice.

            The Committee is of the view that although there is no per se prohibition against serving on such a committee, it appears that, under the circumstances described, the judge should not participate as requested. Based upon the concerns expressed by the judge, it appears that such service could interfere with the proper performance of judicial duties, and be incompatible with judicial office. 22 NYCRR 100.4(A)(3). Therefore, the judge should decline the invitation.