May 27, 1998
This is in response to your inquiry (98-45), asking for an opinion whether as a County Court judge it is permissible for you to accept appointment to the College Council at the State University at Oswego.
A virtually identical question was before the Committee in Opinion 95-17 (Vol. XIII), a copy of which is enclosed. As in that inquiry, at issue is the applicability of Article 6, §20(b)(1) of the New York State Constitution which provides that certain full-time judges, including County Court judges, may no hold any other “public office or trust,” except in certain specified situations not here applicable. Adhering to its general practice of not answering questions of constitutional law, the Committee declined to answer the question, but it noted that, in the past, as an exception and courtesy to the Governor, it did answer a related question. See also Opinion 94-104 (Vol. XII). The Committee, in this instance, reaffirms the position expressed in Opinion 95-17.