Opinion 91-106

September 12, 1991

Digest:         A part-time judge may accept full-time employment as in-house counsel for an insurance company unless the insurance company is involved in matters likely to come frequently into the judge’s court, but the judge must recuse himself or herself in any matters involving the            insurance company.

Rules:          22 NYCRR §100.5(h).

Opinion:

         A part-time judge asks if it would be permissible to accept full-time employment as in-house counsel for an insurance company where the judge would have responsibility for both claims and corporate matters. The insurance company offers insurance for homeowners, fire, business owners, and long-haul trucking.

         Section 100.5(h) of the Rules of the Chief Administrator permits a part-time judge to accept private employment that “is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties.”

         The judge may accept such employment unless the insurance company has matters which are likely to come frequently before the court in which the judge serves. Of course, the judge should recuse himself or herself if any matter in which this insurance company has an interest comes before the judge.