The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.

This responds to your inquiry (20-187) asking whether you may be a limited liability partner in a limited liability partnership which will apply to be a franchisee of a for-profit business.  You indicate that you would only be a "passive investor" and "would not be involved in day-to-day operations or management of personnel"  if the application is successful.

The Rules Governing Judicial Conduct prohibit a full-time judge from being a "general partner…or other active participant of any business entity" (22 NYCRR 100.4[D][3]).  However, the Rules do not prohibit a full-time judge from being a purely passive investor in a business entity.  Therefore, provided you do not assume any active role, title, or function in the management or control of the business, you may be a limited liability partner.