Opinion 90-104

September 18, 1990

Digest:         A part-time judge may serve as a member of a local citizens advisory committee concerning a correctional facility to be located within the town where the judge serves.

Rules:          22 NYCRR 100.5(b)

Opinion:

         A part-time judge inquires whether such a judge may serve as a member of a citizens advisory committee which will work with the state department of corrections in connection with a new correctional facility to be located within the township where the judge serves.

         Section 100.5(b) of the Rules of the Chief Administrator provides that judges may participate in civic activities not conducted for the economic or political advantage of its members.

         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.

         Pursuant to these provisions, the judge may serve as a member of the advisory committee. The judge, however, should not preside if the corrections department or any matter arising out of the particular project should come before the judge in a judicial capacity.