Opinion 90-188

December 11, 1990

Digest:         A judge may not continue to serve as assistant district attorney in one county and hold a position as a part- time judge in another county.

Rules:          22 NYCRR §§100.5(h) and 100.2

Opinion:

         A part-time judge, who is also an assistant district attorney, inquires whether a judge may maintain both positions. The inquirer is a judge in one county and an assistant district attorney in a different county.

         A part-time judge’s employment is governed by section 100.5(h) the Rules of the Chief Administrator, which 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.

         A judge may not also serve as a district attorney as that position is incompatible with the judicial office and may create an impermissible appearance of impropriety. 22 NYCRR 100.2. This situation is different from a judge serving as a public defender, as district attorneys have a special relationship with the police and law enforcement authorities.