Opinion 95-100

September 21, 1995

Digest:         A full-time judge may not hold his/her spouse's real estate broker's or sales license to avoid his/her possible conflict-of interest while the spouse is currently a full-time bank employed real estate appraiser.

Rules:          22 NYCRR 100.5(c)(1),(d), (c) (2).

Opinion:

         A full-time judge inquires whether he/she may accept a transfer of his/her spouse's real estate broker license while the spouse is employed as a full-time bank-employed real estate appraiser. The suggested transfer of the license is to avoid the spouse's "conflict of interest".

         A full-time judge may not apply for a real estate broker's or sales license under any circumstance. The suggested transfer of the license is to avoid a conflict of interest. Such a transfer, if not in itself an impropriety, may well give the appearance of an impropriety which the judge should avoid.