Opinion 24-54

March 14, 2024

Facts/Issue:    A full-time judge asks if his/her principal court attorney may serve on a town zoning board of appeals in a different county.  The position is compensated, but all associated duties will be performed outside the court attorney’s regular working hours for the court system.

Discussion:     We have said a full-time judge may permit his/her law clerk to serve on a local zoning board of appeals.  The judge may preside over cases involving the board, but must disclose and insulate the law clerk from such cases. 

                      Here, because the position is compensated, the judge should direct the court attorney to contact the Nonjudicial Ethics Helpline (1-888-283-8442) for any necessary approvals under 22 NYCRR 50.3.

Conclusion:     A judge may permit their principal court attorney to serve on a town zoning board of appeals.  Where the position is a compensated one, the judge should direct the court attorney to seek guidance from the Nonjudicial Ethics Helpline.

Authorities:    Opinion 17-122.