Opinion 90-01

January 18, 1990

Digest:         A part-time judge, who also is a private investigator, may continue to serve as a private investigator provided that he recuses himself in matters in which he acted as an investigator.

Rules:          22 NYCRR 100.5(h)

Opinion:

         A part-time judge inquires whether there is a conflict between his serving as part-time judge and his employment as a private investigator. The judge does not conduct investigations within the town in which he presides, and his fees are paid by private clients and by the county.

         Section 100.5 (h) of the Rules of the Chief Administrator address the employment of part-time judges and and provides that part-time judges may accept public or private employment “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.” The judge’s employment as private investigator presents no conflict of interest with his judicial duties, provided that he recuses himself in any matters in which he has acted as a private investigator.