Opinion 06-161

December 7, 2006

Digest:         A part-time town justice may also hold the position of part-time City Court judge, if there are no conflicting duties or legal barriers to such service.

Rules:          22 NYCRR 100.6(B)(4); Opinion 91-133 (Vol. XII).

Opinion:

         A part-time town justice asks whether he/she may also hold a position as part-time City Court Judge.

         The Rules Governing Judicial Conduct permit part-time judges to accept public employment “provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of judicial duties.” 22 NYCRR 100.6(B)(4). This Committee previously determined that, in the absence of any conflict or “incompatibility in duties,” a part-time village justice may hold the offices of both village justice and part-time City Court judge. Opinion 91-133 (Vol. XII).

         In the instant matter, barring any conflicts (e.g., scheduling, etc.) or legal impediments (e.g., residency restrictions, qualifications for office, etc.), as a matter of judicial ethics, this part-time town justice may also hold the position of part-time City Court judge.