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 28 current and retired judges, and is co-chaired by the Honorable Debra L. Givens, an acting justice of the supreme court in Erie County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Facts/Issue: A full-time judge whose docket consists mostly of claims against the State of New York and medical malpractice cases asks if the judge may serve on the board of directors of a not-for-profit organization that provides services to high-risk individuals and families with behavioral health challenges. The organization is not engaged in proceedings that would normally come before the judge’s court, nor regularly engaged in adversarial proceedings in any court, and the inquirer believes that no court appointments are made to the organization or its programs.