Opinion 08-01

January 31, 2008

Digest:         A part-time judge employed as an account executive for a credit card processing service may sell such services to a political committee provided the judge receives reasonable and customary compensation for the services and neither receives nor requests political favors as a result of or as part of the transaction.

Rules:          22 NYCRR 100.2(A); 100.4(D)(1)(a); 100.5(A)(1); 100.6(B)(4);         Opinion 90-84 (Vol. V).

Opinion:

         A part-time judge who also is employed as an account executive for a credit card processing service asks whether there would be any ethical impropriety should he/she sell such services to a political party election committee.

         The Rules Governing Judicial Conduct, permit a part-time judge to accept private employment that is not incompatible with judicial office and that does not conflict or interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6 [B][4]). A judge must, however, always act in a manner that promotes public confidence in the integrity and impartiality of the judiciary (see 22 NYCRR 100.2[A]), and must not engage in business dealings that may reasonably be perceived to exploit the judge’s judicial position (see 22 NYCRR 100.4[D][1][a]). Also, a judge may not engage in political activity, except as allowed by the Rules Governing Judicial Conduct or by law (see 22 NYCRR 100.5[A][1]).

         Previously, the Committee has advised that a part-time judge who is a band leader may perform music at a political fund-raising event provided the judge and all the band members receive reasonable and customary compensation for their services (see Opinion 90-84 [Vol. V]). Similarly, in the present inquiry, the inquiring part-time judge who is employed as an account executive for a credit card processing service may sell such services to a political committee provided the judge receives reasonable and customary compensation for the services and neither receives nor requests political favors as a result of, or as part of the transaction.