Opinion 90-09

January 18, 1990

Digest:         A part-time judge may be employed with the United States Census Bureau, but may not serve as a director of tourism with responsibility for soliciting funds.

Rules:          22 NYCRR 100.5(b)(2) and (h).

Opinion:

         A part-time judge inquires whether he may take positions with the United States Bureau of Census and with the County, serving as a director of tourism. As director of tourism, the judge would be responsible for selling, advertising, and soliciting funds from local businesses to finance promotional brochures.

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

A part-time judge may accept 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.

         The judge’s employment as an information gatherer with the Census Bureau does not present a conflict with his judicial position, and ethically he may accept such employment. This Committee does not answer any questions of law relating to the Hatch Act.

         Section 100.5(b)(2) of the Rules of the Chief Administrator states:

No judge shall solicit funds for any educational, religious, charitable, fraternal or civic organization, or use or permit the use of the prestige of the office for that purpose...

         The Judge’s employment as a county director of tourism would involve soliciting funds from businessmen for tourism brochures. As judges may not solicit funds for any civic organizations, the judge may not assume this position.