Opinion 18-52

May 17, 2018

Dear :

         This answers your inquiry (18-52) asking if you, as a full-time college professor teaching a college course in a correctional facility in one county, are ethically permitted to serve as a part-time village justice in another county. You state you will receive your usual compensation for teaching the course, and you believe it unlikely someone from the facility or the county where it is located would appear in your court.

         The Rules Governing Judicial Conduct permit a part-time judge to “...accept private employment 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 the judge’s duties” (22 NYCRR 100.6[B][4]). Significantly, based on these facts, it appears conflicts will be infrequent, as individuals appearing before you are unlikely to be incarcerated in the other county’s facility. However, in the event of a potential conflict, you must exercise recusal.

         Enclosed, for your convenience, are Opinions 13-25 and 96-123 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.