Opinion 11-70

June 16, 2011

Digest:        A part-time town judge may serve as curator of the town museum, as long as the position does not conflict or interfere with the proper performance of the judge’s duties, the judge does not personally participate in the solicitation of funds or other fund-raising activities, and the judge does not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation.

Rules:          22 NYCRR 100.2; 100.2(A); 100.2(C); 100.3(A); 100.4(A)(1)-(3); 100.4(C)(2)(a); 100.4(C)(3)(b)(I), (iv); 100.6(B)(1); 100.6(B)(4).

Opinion:

         A part-time town judge asks whether he/she may serve as the paid or unpaid curator for the town museum at the request of a local historical society. As curator, the judge would “design upgrades and new exhibits” and “arrang[e] for local organizations, such as the Kiwanis, local school district, fire department and others, to assist in setting up displays promoting their specific organization.” The judge advises that, as curator, he/she would expend funds to purchase paint, new carpeting and materials for display, but would not solicit any funds.

         A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). The judge’s judicial duties take precedence over all the judge’s other activities (see 22 NYCRR 100.3[A]), but a judge may engage in extra-judicial activities that are not incompatible with judicial office as long as they do not (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]). A judge may assist an educational, cultural, or civic organization not conducted for profit in planning fund-raising, but shall not personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][I]) and shall not lend the prestige of judicial office for fund-raising or membership solicitation or to advance the private interests of the judge or others (see 22 NYCRR 100.2[C]; 100.4[C][3][b][iv]). A part-time judge, unlike a full-time judge, may accept public employment as long as it is compatible with judicial office and does not interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B][4]) and may accept appointment to a governmental position that concerns issues of fact or policy unrelated to the improvement of the law, the legal system and the administration of justice (see 22 NYCRR 100.4[C][2][a]; 100.6[B][1]).

         Applying these rules to the present inquiry, the Committee concludes that a part-time town judge may hold a paid or unpaid position as curator of the town museum (see 22 NYCRR 100.4[C][2][a]; 100.6[B][4]), as long as the position does not conflict or interfere with the proper performance of the judge’s judicial duties (see 22 NYCRR 100.4[A][3]; 100.6[B][4]), the judge does not personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][I]), and the judge does not use or permit the use of the prestige of judicial office to benefit the museum or historical society (see 22 NYCRR 100.2[C]; 100.4[C][3][b][iv]).

         The Committee notes that, if the museum permits other local organizations to set up displays as a method of fund-raising, the judge should not personally solicit such organizations for that purpose (see 22 NYCRR 100.4[C][3][b][I]).