Opinion 25-141

November 6, 2025

Facts/Issue:  May a full-time judge who is subject to the constitutional limitation on holding “any other public office or trust” (NY Const art VI § 20[b][1]) serve on the board of trustees for a not-for-profit college foundation “whose sole purpose is to advance the educational and charitable purposes and lawful activities” of a CUNY/SUNY college?  The foundation is “legally distinct” from both the college and the university and the judge’s role would be limited to planning fund-raising and “investment/management oversight.”

Discussion:   Although a judge who is subject to Section 20(b)(1) may not serve as a trustee of a CUNY/SUNY college (see e.g. Opinions 20-169; 94-104), the judge may nonetheless serve on an advisory board to the college or as a trustee of a separately organized not-for-profit college foundation.  The judge may assist in planning fund-raising and in managing and investing the foundation’s funds, but may not lobby for or otherwise personally participate in the solicitation of funds or other fund-raising activities.  The judge also must not permit the use of judicial prestige to further the foundation’s or the college’s interests.

Conclusion:  A full-time judge may serve on the board of trustees of a not-for-profit college foundation whose sole purpose is to advance the educational and charitable purposes and lawful activities of a college within a municipally-run university, subject to generally applicable limitations. 

Authorities:  Opinions 10-33; 07-164.