Opinion 25-152

November 6, 2025

Digest:  A part-time judge may serve on a regional commission for the New York State Council of Parks, but must not personally participate in soliciting funds for the parks or park projects from legislators or the public and thus may not meet with legislators about the need to complete a park project and its benefits to the community.

Rules:   22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(A)(1)-(3); 100.4(C)(2)(a); 100.4(C)(3)(a)(i); 100.4(C)(3)(b)(i), (iv); 100.6(B)(1); Opinions 23-145; 18-90; 15-123; 12-58; 10-28; 02-106; 00-33.

Opinion:

          A part-time town justice asks if he/she may serve as an unpaid member of a regional commission for the New York State Council of Parks.  According to the judge, regional park commissions are “charged with acting as a central advisory body on all matters affecting parks, recreation and historic preservation within their respective regions, with particular focus on the operations of the State Parks and Historic Sites.”  The commission has no authority over the parks’ budgets, but members may contact state legislators to speak in favor of park programs, activities, and funding.  Each year, commission members also visit legislators’ offices to garner support for funding the parks and park projects.  The judge thus asks if he/she may speak with state legislators as a commission member about the need to fund the completion of a particular park project or, in the alternative, about the assets and benefits of the project while others request funds.  More broadly, the judge asks if he/she may be present at meetings where other commission members make funding requests.  Finally, the judge asks if his/her name may appear on commission letterhead that is used to send funding requests.  The judge would not be identified as a judge in any of these activities or on the letterhead; would not participate in any local funding or finance issues; and would disqualify in any matters involving park employees or the New York State Park Police.

          A judge must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality and avoid even the appearance of impropriety (see 22 NYCRR 100.2; 100.2[A]).  A judge’s extra-judicial activities must be compatible with judicial office and must not cast reasonable doubt on the judge’s impartiality, detract from the dignity of judicial office, or interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  Unlike a full-time judge, a part-time judge may accept appointment to a governmental commission “concerned with issues of fact or policy other than the improvement of the law, the legal system or the administration of justice” (22 NYCRR 100.4[C][2][a]; 100.6[B][1]).  A judge must not lend the prestige of judicial office to advance private interests, or permit its use for fund-raising (see 22 NYCRR 100.2[C]; 100.4[C][3][b][iv]).  Indeed, a judge may “assist” in “planning fund-raising” but may not personally participate in soliciting funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]).  A judge may nonetheless permit an organization to include his/her name on its “regular letterhead”—even if that letterhead is used for fund-raising—provided it lists “only the judge’s name and office or other position within the organization” (22 NYCRR 100.4[C][3][b][iv]).  The letterhead may also include the judge’s judicial designation if comparable designations are listed for other persons (see id.).

          Here, assuming the regional parks commission is unlikely to be engaged in proceedings that would ordinarily come before the town court (cf. 22 NYCRR 100.4[C][3][a][i]), we conclude the judge may serve as a member of the commission but may not personally participate in soliciting funds or other fund-raising activities for parks or park projects (see Opinions 15-123; 10-28).  Nor may the judge solicit legislators to appropriate government funds for park-related purposes (see Opinions 18-90; 15-123; 12-58).  On the facts presented, we conclude the judge may not be present at meetings where other commission members pitch projects to legislators or make funding requests, as the judge’s presence could give the appearance that he/she is participating in the solicitation (cf. Opinions 12-58 [judge may not appear at public meeting regarding fire company’s budget]; 00-33 [judge may not sit at dais or otherwise participate in public meeting in support of bond proposition for public library]).  The judge likewise may not speak or meet with legislators about the need to complete a park project and its benefits to the community, as this discussion is inextricably intertwined with the legislators’ decision to appropriate funds for the project (cf. Opinion 18-90 [judge may not assist in presentation on the benefits of establishing an ambulance district]).

          The judge’s name may be included on the regional parks commission’s “regular letterhead,” even if it will also be used in the commission’s appeals to legislators for funding, provided the letterhead lists only his/her name and position with the commission, and—if comparable designations are listed for other members—judicial designation (see 22 NYCRR 100.4[C][3][b][iv]; see Opinions 18-90; 02-106).  The judge must not be the signatory on such letters (see Opinions 23-145; 15-123).