Opinion 25-27

February 6, 2025

Digest:   A part-time judge may serve as a public safety-public health liaison for the county health department where the duties of the position are purely educational.

Rules:    22 NYCRR 100.2; 100.2(A); 100.3(A); 100.6(B)(4); Opinions 23-130; 09-238; 09-91; 91-153; 88-148.

Opinion:

          A part-time judge asks if outside employment with the county health department as a public safety-public health liaison is ethically compatible with judicial office.  The liaison will work alongside the county health department overdose prevention program staff, public safety, harm reduction agencies, and peer agencies “to ensure best practices, person centered language, stigma reduction, and to increase knowledge, attitudes and behaviors” in addressing issues of substance use disorder and overdose prevention.  The job responsibilities “will include communicating with community partners that include local public safety agencies but does not involve any enforcement of the law and is purely collaborative and educational.”

          A judge must always avoid even the appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A part-time judge may accept “public employment in a federal, state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties” (22 NYCRR 100.6[B][4]).  A judge’s judicial duties “take precedence over all the judge’s other activities” (22 NYCRR 100.3[A]).

          We have advised that a part-time judge may serve as a hearing officer for the county health department (see Opinions 09-91; 88-148) and on a county health department task force whose functions are purely educational (see Opinion 91-153).  A part-time judge may not, however, hold a county health department position involving law enforcement activities (see Opinion 09-238 [prohibiting judge from continuing to participate in Adolescent Tobacco Use Prevention Act enforcement]) or prosecutorial or quasi-prosecutorial matters (see e.g. Opinion 23-130).  Nor may a part-time judge be employed with an “agency that might routinely be involved in, appear, and participate in proceedings in the judge’s court” (id.).

          In the present inquiry, the public safety-public health liaison for the county health department will work alongside various stakeholders, including public safety agencies which include state and local police.  However, the duties of the position do not involve any enforcement of the law.  The position is purely collaborative and educational, and the county health department does not regularly appear before the judge.

          We therefore conclude the judge may serve as public safety-public health liaison for the county health department so long as the duties of the liaison position do not conflict or interfere with the proper performance of the judge's duties.  The judge should disqualify him/herself in any matters affecting the county health department (see Opinions 09-91; 88-148).