Opinion 93-34

March 11, 1993

Digest:         A part-time town justice may not serve as chair or member of the town's planning board.

Rules:          22 NYCRR §§100.2, 100.5(b)(l), 100.5(h)

Opinion:

         A part-time town justice requests that this Committee reconsider our prior opinions that a part-time judge cannot serve on the planning or zoning boards of the same local governmental unit (Opinions 89-82, Vol. V, 90-3, Vol. V, and 93-01, Vol. X) in light of opinions of the State's Comptroller and Attorney General that the two positions are not incompatible.

         The opinions of the State Comptroller and Attorney General indicate that there would be no legal violation in holding such dual offices; the recommendations of this Committee relate to matters of judicial ethics. Thus, there is no necessity that the opinions arrive at the same result.

         The Executive Committee of the New York State Magistrates' Association has indicated that it concurs in the previous opinions of this Committee, and we perceive no valid basis for reaching a different conclusion at this time.