Opinion 16-167

January 11, 2017

Dear :

            This responds to your inquiry (16-167) asking whether it is ethically permissible to simultaneously serve as town justice and as a federal prosecutor.

         The Committee has previously advised that serving as a prosecutor is incompatible with judicial office and may create the appearance of impropriety as prosecutors have a special relationship with the police and other law enforcement authorities.

         This prohibition applies even when there is no jurisdictional overlap between the two positions. Moreover, even though the extra-judicial employment is federal, you would likely be involved from time to time with state and local police. Accordingly, it is impermissible to simultaneously serve as a town justice and as a federal prosecutor.

         Enclosed for your convenience are Opinions 07-163; 01-20; 98-30; and 90-188 which address this issue.

                                                            Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t (Ret.)

                                                 Committee Co-Chair

Hon. Margaret T. Walsh

                                                            Family Court Judge

                                                 Acting Justice, Supreme Court

                                                            Committee Co-Chair

Encls.