Opinion 25-58

May 15, 2025

Digest:  A full-time judge may not be a non-legal advisor for a charitable not-for-profit organization that engages in substantial advocacy and lobbying activities, and thus may not serve on the organization’s Emeritus Board.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); 100.4(C)(3)(a)(i)-(ii); Opinions 24-140; 24-132; 24-101; 20-70; 19-30.

Opinion:

          The inquiring full-time judge asks if he/she may join the Emeritus Board of Grand Street Settlement (“GSS”), a not-for-profit charitable social services organization.  The Emeritus Board is not a governing or policymaking body but is instead an honorary advisory body to offer guidance and strategic advice, so that its members effectively serve as non-legal advisors to GSS.  We understand from the inquiry that GSS provides “benefits assistance, casework, and a vast network of partners” and “advocacy” with government partners to “ensure that our neighbors’ voices are heard.”  GSS’s listed “Advocacy Priorities” for the current year include preventing closure of child/family care centers, universal childcare, “Just Pay” for human services workers, and increasing pay for teachers at community-based organizations to achieve parity with Department of Education teachers.  As part of its activities, GSS has been actively rallying supporters, the community at large, its network of partners, and elected officials to either obtain or restore funding for several early childcare centers to forestall their closing.  GSS also cooperates with an Immigration Coalition to provide legal services to individuals at risk of deportation or navigating immigration proceedings, and provides senior housing through a related entity.

          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]).  A full-time judge may not serve as “an officer, director, trustee, or non-legal advisor” of a not-for-profit charitable or civic organization if it is likely to be engaged in cases that ordinarily would come before the judge (see 22 NYCRR 100.4[C][3][a][i]) or engaged regularly in adversary proceedings in any court (see 22 NYCRR 100.4[C][3][a][ii]).  Because judicial duties must “take precedence” (22 NYCRR 100.3[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 the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).

          We have advised that a judge may not assume a leadership role in an organization that engages in potentially controversial lobbying, advocacy, and litigation, nor may he/she become involved in the organization’s litigations or publicly associate him/herself with organizational positions on matters of public controversy (see Opinion 19-30; see also Opinions 24-140 [judge may not serve on GERMIN’s board]; 24-132 [judge may not serve as officer or director of Zonta International]; 24-101 [judge may not serve as delegate or voting member at NAACP national convention]; 20-70 [judge may not accept leadership role in town Grange]). 

          Instead, if a not-for-profit organization engages in some activities that are clearly permissible for a judge, but also engages in potentially controversial lobbying, advocacy or litigation activities, a judge “may only be a regular member and must not serve on the executive board or take other leadership positions within the organization” (Opinion 24-140).  We have said that “taking a leadership role in such organizations may publicly associate the judge with organizational positions on matters of public controversy, in a way that simple membership does not” (Opinion 19-30).

          On the facts presented, it appears that GSS engages in substantial advocacy and lobbying activities.  Accordingly, we conclude that the inquiring judge should not serve on the Emeritus Board or otherwise serve as a non-legal advisor to GSS.  The judge may only be a regular member of GSS.