Opinion 24-100
June 20, 2024
Digest: A town justice who is a notary public may notarize documents as part of his/her duties as appointed village treasurer, provided he/she does so strictly as a notary public without reference to his/her judicial title or status.
Rules: NY Const art VI § 20(b)(1); 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.3(A); 100.3(B)(1); 100.6(B)(4); Opinions 20-214; 94-78.
Opinion:
A town justice who is both a notary public and the appointed village treasurer asks if it is ethically permissible to “notarize documents in the village hall” as part of his/her treasurer duties.[1]
A judge must avoid even the appearance of impropriety (see 22 NYCRR 100.2) and always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge must be faithful to the law (see 22 NYCRR 100.3[B][1]) and must not lend judicial prestige to private interests (see 22 NYCRR 100.2[C]). Although judicial duties “take precedence over all the judge’s other activities” (22 NYCRR 100.3[A]), part-time judges may accept public employment that is compatible with judicial office and does not conflict or interfere with proper performance of judicial duties (see 22 NYCRR 100.6[B][4]).
Unlike certain full-time judges, a town or village justice may hold the office of notary public (see Opinion 94-78; cf. NY Const art VI § 20[b][1] [limitations on “any other public office or trust”]).
Accordingly, the inquiring town justice may ethically notarize documents, and may do so in the village hall as part of his/her treasurer duties, provided the judge does so strictly as a notary public and does not suggest or imply he/she is acting in a judicial capacity (cf. Opinion 20-214). Such activities are subject to generally applicable limitations on judicial speech and conduct and must not “conflict or interfere with” the judge’s judicial duties (see e.g. 22 NYCRR 100.3[A]; 100.6[B][4]).
[1] We understand the town court is in a different building from the village hall.