Opinion 22-171

December 15, 2022

Question:     May an appointed associate village justice also serve as elected town justice for the town in which the village is located?

Discussion:   The jurisdiction of the Committee is limited to providing advisory opinions to judges and justices “concerning issues related to ethical conduct, proper execution of judicial duties, and possible conflicts between private interests and official duties” (22 NYCRR 101.1). We have previously advised that the issue of whether an appointed village justice may simultaneously serve as an elected town justice in a town that includes the village is a purely legal question (Opinion 09-51). We nevertheless noted that “if a recognized body charged with providing legal guidance should determine that the dual service you describe is legally permissible, so serving would not violate any ethics rules or principles” (id.). Further advice may also be available through the Office of Justice Court Support (tel. 1-800-232-0360).

Enclosed:     Opinion 09-51