Opinion: 98-140
January 28, 1999
Digest:    A judge may serve as a director of a "non-denominational, Christian, charismatic organization to support and encourage ministers and ministries."

Rule:    22 NYCRR 100.4(C)(3)(a)(i) and (ii);
            Opinions 88-18 (Vol. I); 94-115 (Vol. XIII).


            A full-time judge inquires whether it is permissible to serve as a director of a religious organization, described in the inquiry as "a non-denominational, Christian, charismatic organization intended to support and encourage ministers and ministries."

            Sections 100.4(c)(3) (a)(i) and (ii) of the Rules Governing Judicial Conduct provide that:

A judge may be a member or serve as an officer, director,
trustee or non-legal advisor of ... an educational, religious,
charitable, cultural, fraternal or civic organization not conducted
for profit, subject to the following limitations and other requirements
of this Part.
            (a) A judge shall not serve as an officer director, trustee or non-legal
            advisor if it is likely that the organization

                    (i) will be engaged in proceedings that would
                    ordinarily come before the judge, or

                    (ii) if the judge is a full-time judge, will be engaged
                    regularly in adversary proceedings in any court.
                    22 NYCRR 100.4(C)(3)(a)(i) and (ii).

            The judge indicates that he/she would not participate in any fund-raising activities. Such participation is, of course, prohibited under section 100.4(C)(3)(b)(i) of the Rules. See also Opinion 94-115 (Vol. XIII). Further, based upon inquiring judge's description of the organization, this religious organization does not appear to be likely to be engaged in adversarial proceedings in the courts. In short, in light of the materials provided to the Committee, we perceive no ethical barrier to the judge's participation as a director of this religious organization. Opinion 88-18 (Vol. I).