Opinion 91-134

October 31, 1991

Digest:         A part-time judge may hold employment as a federal customs inspector.

Rules:          22 NYCRR §§ 100.5 (h).

Opinion:

         A part-time judge, whose court has jurisdiction over no criminal matters except violations of traffic laws and the village code, asks whether it is permissible to hold employment as a United States Customs Inspector at an international airport. The judge states that the position is not a peace officer position under New York State laws.

         Section 100.5 (h) of the Rules of Chief Administrator permits part-time judges to accept “public employment in a Federal, State or municipal department or agency” provided that “no judge shall accept employment as a peace officer as that term is defined in section 1.20 of the Criminal Procedure Law”.

         The judge may hold employment as a customs inspector, as we assume the position is not a peace officer position as defined in the Criminal Procedure Law, and as the judge’s court has no criminal jurisdiction except for traffic and village code violations.