Opinion 26-74

May 7, 2026

Facts/Issue:    A full-time judge with experience in treatment courts asks if he/she may accept a gubernatorial appointment to the Behavioral Health Services Advisory Council.  The council’s members are stakeholders from the field of mental health who are appointed by the Governor with the advice and consent of the Senate, and “shall be appointed only if they have professional knowledge in the care of persons receiving behavioral health services or an active interest” in this field.  The council advises both the Office of Mental Health and the Office of Addiction Services and Supports on matters related to behavioral health services, the integration of services related to the care of persons with such diagnoses, the financing of health services and the improvement of care.  The council also reviews applications for establishment of facilities overseen by those agencies.

Discussion:     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]).  The determination is conducted on a case-by-case basis, looking at such items as the stated function, structure, and mission statement of the committee. 

                      Here, the Behavioral Health Services Advisory Council’s mission and function is not related to the improvement of the law or the legal system but rather is focused on oversight of two executive branch agencies, the setting of policies related to behavioral mental health, as well as the regulatory function of approving the applications of new facilities overseen by executive branch agencies. 

                      Finally, while we need not reach the issue here, we nonetheless note for completeness that judges subject to article 6, section 20(b) of the state constitution also 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]).

Conclusion:     A full-time judge cannot accept appointment by the Governor to the Behavioral Health Services Advisory Council, as the council is a governmental committee that is not devoted to the improvement of the law, the legal system or the administration of justice.

Authorities:  Opinions 20-146; 19-146; 06-137.