Opinion 90-186

December 11, 1990

Digest:         A part-time judge may be employed as work-crew supervisor for a community service program run by the probation department of an adjoining county.

Rules:          22 NYCRR 100.5(h)

Opinion:

         A part-time judge inquires whether employment as work crew supervisor for the community service program run by a probation department in an adjoining county would conflict with the judge’s judicial office. The judge states that if a defendant were to appear before the judge from said adjoining county, the judge would transfer the case to the other judge of the court.

         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. No judge shall accept employment as a peace officer as defined in section 1.20 of the Criminal Procedure Law.

         It is assumed that the work crew supervised by the inquirer is made up of persons who have been sentenced to perform community service following conviction for petty offenses. While supervising such individuals is an indirect form of law enforcement activity, the judge will not be a peace officer and the committee is of the opinion that this position will not conflict with the judge’s judicial position, since it is being performed in an adjoining county and, thus, outside the judge’s territorial jurisdiction. The Committee reached the same conclusion in an earlier opinion approving a village justice’s employment by the State Department of Correctional Services (Opinion 89-17, Vol. 111).