Opinion 24-118

September 12, 2024

Digest:  A village justice may accept employment as an administrative assistant to a town board where the town has no authority over village governance and no involvement in setting the village budget or the judge’s salary.

Rules:   22 NYCRR 100.2; 100.2(A); 100.6(B)(4); Opinions 22-28; 21-126; 19-07.

Opinion:

          A part-time village justice asks if he/she may accept employment as an administrative assistant to the town board.  The inquiring justice notes that the village court where he/she presides is one of several within the town’s geographical boundaries.  The town has no authority over village governance or the village budget and does not set the salary of the village justices. 

          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 part-time judge may accept public employment in a federal, state or municipal department or agency if it is compatible with judicial office and “does not conflict or interfere with the proper performance of the judge’s duties” (22 NYCRR 100.6[B][4]).

          We have advised that a village justice may be employed as secretary to the town supervisor of a nearby town, whose matters do not appear before the justice (see Opinion 21-126; cf. Opinion 22-28 [village justice may serve as deputy clerk/treasurer for the town encompassing the village, but not for the village itself]). 

          Here, the responsibilities of administrative assistant to the town board relate strictly to the business of the town and do not conflict with the inquirer’s duties or functions as village justice.  The town board is unlikely to appear in an official capacity in the village court and should a town board member appear in a personal capacity, the inquiring justice would disqualify him/herself (see Opinions 21-126; 19-07).

          We conclude the village justice may accept employment as an administrative assistant to the town board where the town has no authority over village governance and no involvement in setting the village budget or the judge’s salary.