Opinion 90-118

October 23, 1990

Digest:         A part-time judge may work as a bartender or in a business that sells alcoholic beverages provided the businesses are properly licensed.

Rules:          22 NYCRR §1OO.5(h)

Opinion:

         A part-time judge inquires whether he may work as a bartender or in a business that sells alcoholic beverages.

         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.

         Provided that the business involving the sale of alcoholic beverages is properly licensed, there appears to be no reason why the judge should not be able to accept employment with such a business, including employment as a bartender. Of course, if the business should become involved in substantial legal violations the judge should terminate his employment since his involvement would then be “incompatible with judicial office.” Moreover, in the event any matter involving the business should come before the judge’s court, the judge must recuse himself or herself. It should be noted that this Committee is not passing on questions of law, only on questions of ethics.