Opinion 26-67

May 7, 2026

Facts/Issue:    May a part-time judge serve on a Youth Board and Coordinating Council, which advises the county’s Community and Family Services Commissioner in prioritizing funding needs?  The board establishes funding criteria, reviews proposals for youth services, and recommends grant awards, in an effort to help youth develop core competencies to become successful adults.  Board members are expected to attend monthly meetings, serve on one of three standing committees, and interact with legislators, local public officials, youth agencies, and other members of the community.

Discussion:     A part-time judge may accept appointment to a governmental committee or commission “concerned with issues of fact or policy other than the improvement of the law, the legal system or the administration of justice” (22 NYCRR 100.4[C][2][a]; 100.6[B][1]).  In serving on such a committee or commission, the judge must not lend judicial prestige to advance private interests or permit its use for fund-raising or membership solicitation.  A judge may “assist” in planning fund-raising but may not personally participate in soliciting funds or other fund-raising activities.

                      Thus, we have advised that a part-time judge may serve as a member of a parks commission but may not personally participate in soliciting funds or other fund-raising activities.  A judge may not meet or speak with legislators about the needs or benefits to a community of the appropriation of government funds for a project unrelated to the law, the legal system, or the administration of justice.  Likewise, a judge may not be present when other members are making their pitch, as the judge’s presence could give the appearance that he/she is participating in the solicitation.

                      With respect to the three standing committees mentioned in the inquiry, we note that a judge may serve on a committee that reviews applications for grants or scholarships.  However, a judge may neither personally solicit members nor accept a leadership position in a committee that is responsible for soliciting new members.

Conclusion:     A part-time judge may accept appointment to a county’s Youth Board and Coordinating Council, subject to generally applicable limitations on judicial speech and conduct.  For example, the judge must not personally participate in soliciting funds from legislators or the public and thus must not participate in or be present for any meetings with legislators concerning funding appropriations.

Authorities:    Opinions 25-152; 25-76; 24-48; 23-230; 22-189; 20-81(A); 18-151; 18-90; 12-58.