Opinion 25-11

February 6, 2025

Facts/Issue:       A part-time attorney judge asks if he/she may teach the one-hour legal component of a New York State pistol permit course at a not-for-profit association of sportsmen/sportswomen, focusing on relevant sections of the Penal Law, and be compensated for it.

Discussion:        In general, judges may teach and participate in extra-judicial activities that are compatible with judicial office and that do not cast doubt on the judge’s capacity to act impartially, detract from the dignity of judicial office, or interfere with judicial duties.  Thus, we have advised that a judge who is certified by the National Rifle Association as a pistol instructor may teach a pistol safety course, but must avoid discussing any pending or impending cases and must not convey a predisposition to decide cases in a particular way.

                       As for compensation, we note that a part-time judge is not subject to the financial restrictions of Sections 100.4(H) or 100.4(D)(3), but instead may accept private employment that is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties.

Conclusion:        A part-time judge may teach a New York State pistol permit course and be compensated for it, subject to the public comment rule and other generally applicable limitations on judicial speech and conduct. 

Authorities:       Opinions 18-52; 07-201; 98-73.