Opinion 26-56(A)
March 26, 2026
Digest: A judge who is constitutionally barred from holding “another public office or trust” may not accept an appointment to serve on the governing council of a university that is part of the State University of New York.
Rules: NY Const art VI, § 20(b)(1); Public Officers Law § 78; 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); 100.4(C)(2)(a); Opinions 25-141; 20-169; 13-111; 94-104.
Opinion:
A full-time judge who is subject to article 6, section 20(b) of the state constitution[1] asks if he/she may accept a gubernatorial appointment to serve on the council of a university that is part of the State University of New York (SUNY). According to the inquiry, the council “is responsible for the ‘operations and affairs’ of the university.” The judge notes that the agendas for the university council meetings are “considered public records,” and appointment would require the judge to “take an oath of office and submit two forms - Oath of Office & Public Officers Law Section 78 Certificate.”
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2), must “respect and comply with the law” (22 NYCRR 100.2[A]), and must always act to promote public confidence in the judiciary’s integrity and impartiality (id.). A judge’s judicial duties take precedence over all of the judge’s other activities (see 22 NYCRR 100.3[A]). A judge’s extra-judicial activities must therefore be compatible with judicial office and must not cast doubt on the judge’s impartiality, detract from judicial dignity, or interfere with judicial duties (see 22 NYCRR 100.4[A][1]-[3]). Among other limitations, 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” unless an exception applies (22 NYCRR 100.4[C][2][a]). In addition, judges subject to article 6, section 20(b) of the state constitution must not “hold any other public office or trust except an office in relation to the administration of the courts, member of a constitutional convention or member of the armed forces of the United States or of the state of New York” (NY Const art 6, § 20[b][1]).
We have advised that a full-time judge who is subject to the constitutional limitation on holding “any other public office or trust” (NY Const art VI § 20[b][1]) “may not serve as a trustee of a CUNY/SUNY college” (Opinions 25-141; 20-169; 94-104). Given that serving on this SUNY university council would require the judge to take another oath of office and “file a certificate with the secretary of state” (Public Officers Law § 78), the proposed appointment likewise appears to involve a “public office or trust.” Based on the clear language of the state constitution, the Rules Governing Judicial Conduct, and our prior opinions, we conclude the inquiring judge may not accept this appointment (see Opinions 20-169; 94-104).
[1] As we noted in Opinion 13-111, this provision applies to a “judge of the court of appeals, justice of the supreme court, judge of the court of claims, judge of a county court, judge of the surrogate’s court, judge of the family court or judge of a court for the city of New York established pursuant to section fifteen of this article” (NY Const art VI, § 20[b]).