Opinion 90-03

January 18, 1990

Digest:         A part-time judge may serve as captain of a volunteer rescue squad, and as secretary for the board of fire commissioners, but may not serve as a member of a town planning board.

Rules:          22 NYCRR 100.2(a), 100.5(b).

Opinion:

         A part-time judge inquires whether such a judge may serve as captain of a volunteer rescue squad, as secretary for the board of fire commissioners and as a member of the town planning board.

         Section 100.5(b) of the Rules of the Chief Administrator provides that “a judge may participate in civic and charitable activities that do not reflect adversely upon impartiality or interfere with the performance of judicial duties.”

         No impropriety exists if the judge serves as captain of a rescue squad or as secretary for the fire commissioner’s board. However, in Opinion 89-82 this Committee found that there would be an appearance of impropriety if a part-time judge served as a member of a town zoning and planning board. Accordingly, the judge may not assume this position.