Opinion 94-10

March 10, 1994

Digest:         A part-time judge may not retain a position as the Community Liaison representative in the local office of an assemblyman to whom the judge would report concerning problems or requests of constituents.

Rules:          22 NYCRR §§100.5(h), 100.7(e)

Opinion:

         A newly-elected part-time judge, prior to taking office, had been serving part-time as the Community Liaison representative in the local office of an assemblyman, for which he is compensated. For about five hours each week the judge would meet with local constituents, “listen to their problems or requests, and forward a report of some kind to the Assemblyman”. The judge asks whether the position is consistent with his/her judicial duties.

         In the opinion of the Committee the position, as described “is not compatible with judicial office...” 22 NYCRR §100.5(h). The judge has been hired by and reports to a political representative concerning problems and requests of constituents. Such duties are deemed to be “activity of a partisan political nature” (22 NYCRR 100.7[e]) and are thus prohibited.