Opinion 90-167

December 11, 1990

Digest:         A part-time judge may act as an informal legal advisor to the mayor and village board of trustees.

Rules:          22 NYCRR 100.4(b) and 100.5(h)

Opinion:

         A part-time judge, who has no caseload in the winter months, inquires whether it is ethically allowable for the judge to be appointed by the mayor to comment on and review the village’s proposed code of ordinances during the winter, which the mayor would then submit to the village board of trustees for adoption.

         Section 100.5(h) of the Judicial Conduct Rules provides that part-time judges may accept public or private employment, provided that the employment is not incompatible with judicial office.

         This activity is not incompatible with judicial office, and accordingly, the judge may consult with the mayor and the board of trustees concerning clarification and improvements of the proposed local code of ordinances.