Opinion 89-147

December 5, 1983

Digest:         A town justice may serve on the board of directors of a local fire department and as a member of a county plumbing board.

Rule:            22 NYCRR 100.5(h)

Opinion:

         A town justice inquires whether he may serve on the board of directors of a local fire department and as a member of a county plumbing board.

         Section 100.5(h) of the Rules of the Chief Administrator provides:

A part-time judge may accept a private employment or 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. No judge shall accept employment as a peace officer as that term is defined in section 1.20 of the Criminal Procedure Law.

         It is the Committee's opinion that pursuant to this provision, the judge may serve on the board of directors of the fire department and the county plumbing board, provided that the judge recuses himself if these agencies or any matters arising from their operation come before the judge.