Opinion 21-38


May 19, 2021



Dear :


This responds to your inquiry (21-38) asking if, after being elected as a full-time judge, you may continue to serve on a municipal community board.1 You note that the community board regularly votes on requests for liquor licenses and land use issues, and that these votes are advisory to the government entities that ultimately issue the licenses and/or permits.


The Rules Governing Judicial Conduct provide that a full-time judge shall not accept appointment to a governmental committee or commission or other governmental position that is concerned with issues of fact or policy in matters other than the improvement of the law, the legal system or the administration of justice (22 NYCRR 100.4[C][2][a]).

 

         Thus, the Committee has advised that a full-time judge or quasi-judicial official, may not serve on a municipal community board, as it is a governmental position that is concerned with fact or policy issues in matters other than the improvement of the law, the legal system or the administration of justice (Opinion 11-50; see 22 NYCRR 100.4[C][2][a]).

 

         Enclosed for your convenience is Opinion 11-50, which addresses this issue.

 

                                                 Very truly yours,

 

 

Margaret T. Walsh

                                                 Supreme Court Justice

                                                 Committee Co-Chair

 

                                                 Lillian Wan

                                                 Acting Supreme Court Justice

                                                 Committee Co-Chair

 

 

Encl.

 

1Community boards are appointive local representative bodies with up to 50 unsalaried members (see https://www1.nyc.gov/site/cau/community-boards/about-commmunity-boards.page)