Opinion 90-14

March 1, 1990

Digest:         A part-time judge may serve as a member of the town’s board of tax assessment review.

Rules:          22 NYCRR 100.5 (h)

Opinion:

         A part-time judge inquires whether he may serve as a member of the local town board of tax assessment review. The board meets once a year to review property assessment challenges. Appeals from the board’s decisions are heard by a state-appointed hearing officer, and are never reviewed by the judge’s court.

         Section 100.5 (h) of the Rules of the Chief Administrator permits part-time judges to accept public or private employment provided that the employment is not incompatible with judicial office. As the assessment review board’s decisions do not come before the judge’s court for review, and do not normally involve highly controversial issues, there is no ethical prohibition to a part-time judge’s serving on the board.