Opinion 11-11

January 24, 2011

Digest:         A part-time non-lawyer judge may accept employment with a private security firm to work as a “security guard” at a warehouse located within the geographic jurisdiction of the judge’s court where the position would not confer peace officer status and the judge would have no authority to make arrests, provided that the judge disqualifies him/herself from any proceeding that involves the security firm or the warehouse and further provided that the position does not interfere with the proper performance of the judge’s judicial duties.

Rules:          Uniform Justice Act §1005(c); 22 NYCRR 100.2; 100.2(A); 100.6(B)(4); Opinions 05-73; 96-39 (Vol. XIV).

Opinion:

         A part-time non-lawyer judge asks whether he/she may accept employment with a private security firm to work as a "security guard" at a warehouse located within the geographic jurisdiction of the judge’s court. The judge advises that the position does not confer peace officer status and that he/she would not have the authority to arrest anyone. The judge further advises that the duties of the position include “checking in” employees, incoming vendors and supply vehicles as they enter the facility and also checking the facility property as needed.

         A judge must avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see NYCRR 100.2[A]). A part-time judge may accept private employment as long as it is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B][4]). However, town and village justices are not permitted to engage in or accept any employment as a peace officer (see Uniform Justice Court Act §105[c]).

         A part-time town justice may not accept or engage in employment as a Special Deputy U.S. Marshal for an independent contractor providing court security services to the federal courts (see Opinion 96-39 [Vol. XIV] [duties of the position closely resemble those performed by Deputy U.S. Marshals, uniformed court officers, deputy sheriffs, police officers, constables and others with peace and police officer status and powers, who provide court security services in state and federal courts in New York State, and would be directly supervised by the U.S. Marshal and his/her deputies who are law enforcement officers with specific statutory peace officer powers in New York State]). However, the Committee has advised that a part-time town justice may accept employment as a security officer at a community college where the position would not confer peace officer status, the judge would not be authorized to make arrests, and the judge would not, as part of his/her judicial duties, adjudicate parking tickets issued on the college campus (see Opinion 05-73).

         Therefore, the inquiring judge may accept employment with a private security firm to work as a security guard at a warehouse located within the geographic jurisdiction of his/her court where the position would not confer peace officer status and the judge would have no authority to make arrests. However, the inquiring judge must disqualify him/herself in any proceeding that involves the security firm or the warehouse where the judge works, and the position must not interfere with the performance of the judge’s judicial duties.