Opinion 05-03

January 27, 2005

Digest:         A part-time judge may serve on a loan committee for a local economic development agency.

Rules:          22 NYCRR 100.6(B)(4); Opinion 95-50 (Vol. XIII).

Opinion:

         A part-time town justice asks whether it is ethically permissible to serve on a loan committee for a local economic development agency. The committee would review and approve or deny applications from local businesses for interest-free loans. The loan proceeds will be used by the recipients to improve their business operations. The justice will not be compensated for serving on the committee.

         Pursuant to section 100.6(B)(4) of the Rules Governing Judicial Conduct, a judge may accept public employment with a municipal agency so long as “ . . . such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties.” 22 NYCRR 100.6(B)(4). It is the Committee’s view that serving on a loan committee for a local economic development agency is consistent with this rule, and therefore, is permissible. Opinion 95-50 (Vol. XIII) [A part-time city court judge may accept appointment to the city Industrial Development Agency.]