Opinion 18-148

October 18, 2018

Digest:        A part-time justice may accept employment as a contract worker to review the court’s old files for destruction or preservation according to the Office of Court Administration’s records maintenance guidelines.

Rules:          Uniform Justice Court Act §2101(f); 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.3(B)(7); 100.6(B)(4); Opinion 11-92.

Opinion: 

         A part-time justice asks if he/she may accept employment with the town or village he/she serves as a contract worker to review the court’s old files for destruction or preservation according to the Office of Court Administration’s records maintenance guidelines.¹ The justice would be working primarily in the vault which is out of public view, minimizing any possible interference with day-to-day court operations.

         A judge must always 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 22 NYCRR 100.2[A]). Part-time judges may accept private or public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of their judicial duties (see 22 NYCRR 100.6[B][4]). Nonetheless, a judge’s judicial duties take precedence over all the judge’s other activities (see 22 NYCRR 100.3[A]).

         As we have previously recognized (see Opinion 11-92 [emphasis in original]):

there is no inherent ethical incompatibility or conflict for a judge to perform administrative and clerical duties in support of his/her judicial duties (see Uniform Justice Court Act §2101[f] [“‘clerk’ means the clerk of the particular court to which this act is being applied, or the non-judicial person performing the functions of such office; if the particular court has no such clerk or non-judicial person, it means the justice of such court”]). Furthermore, the prompt and efficient disposition of matters pending before the judge is an integral part of the judge’s responsibilities (see 22 NYCRR 100.3[B][7]). Therefore, particularly in municipalities with limited resources, it may be necessary and appropriate for a judge to perform certain administrative duties incident to the performance of his/her judicial duties.

         Here, too, the Committee sees no ethical reason why a part-time justice cannot accept employment as a contract worker to review the court’s old files for destruction or preservation according to OCA’s records maintenance guidelines.

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¹ The judge notes the court is so understaffed that its current court clerks cannot undertake the necessary records maintenance functions for old files.