Opinion 91-149

Digest:         A part time justice may continue to serve as a civilian employee of the State Police, provided that the judge disqualifies himself or herself in all matters involving the state police and provided that these disqualifications are not too frequent.

Rules:          22 NYCRR §100.5(h)

Opinion:

         A part time justice who is also a civilian employee of the New York State police asks whether it is permissible to hold both positions. We assume that as such a civilian employee, the inquirer is not a peace officer.

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

         The inquirer may serve both as judge and, as a civilian employee - not a peace officer - with the state police, provided that he or she disqualifies himself or herself in all cases in which the state police are prosecutors, or have issued the summons, or are in any manner involved. If this condition requires too frequent disqualification, the inquirer must choose between the two positions and resign from one or the other.