Opinion 91-127

October 31, 1991

Digest:         A part-time judge may serve as a private investigator for several attorneys, but must disqualify himself or herself if a lawyer-employer appears in the judge's court.

Rules:          22 NYCRR §100.5(h).

Opinion:

         A part-time judge asks whether the judge may accept employment as an investigator, working for several attorneys, on matters which would not be heard in the judge’s court.

         Section 100.5(h) of the Rules of the Chief Administrator permits part-time judges to accept employment, so long as it is “not incompatible with judicial office.” Employment as a private investigator for several attorneys is permissible under the rules, but the judge must disqualify himself or herself if a lawyer-employer appears in the judge’s court.