Opinion 90-83

June 7, 1990

Digest:         A part-time judge may not take a six-month leave of absence to    accept other employment.

Rules:          22 NYCRR 100.5(h).

Opinion:

         A part-time judge inquires whether he may take a six-month leave of absence to serve as a building code inspector; a position incompatible with serving as a part-time judge.

         Section 100.5(h) of the Rules of the Chief Administrator permits part-time judges to accept other employment “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's first obligation is to the proper performance of judicial duties. No provisions exist for taking a leave of absence from a judicial position. Accordingly, the judge must either forego employment as a building code inspector or resign from judicial service.