July 10, 2017
This responds to your inquiry (17-51) asking whether, as a full-time judge, you may serve on the board of the not-for-profit religious community center that runs the school your children attend.
The Committee has previously advised that, subject to certain limitations, a judge may serve as an officer, director, trustee or non-legal advisor of a not-for-profit entity. In particular, it is ethically permissible for a judge to serve on the board of a private not-for-profit school provided he/she does not give legal advice to the organization or personally participate in the solicitation of funds.
Enclosed, for your convenience, are Opinions 16-98; 15-201; and 03-129 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Div., First Dep’t (Ret.)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court