Opinion 95-37

March 9, 1995

Digest:         A town judge may not serve in a Stop DWI Program which receives funds from fines imposed in the judge’s courts.

Rule:            22 NYCRR 100.2

Opinion: 

         A town judge has been appointed to the County Stop DWI Program, in a position which involves about 20 hours of work per week and requires a variety of tasks, including such things as maintenance of equipment, formulating budget proposals, and participation in educational programs. The inquirer’s co-judge has agreed to preside over all driving-while-intoxicated cases in the town court.

         The Committee is of the opinion that the judge should not accept such an appointment. It is our understanding that the funding for the program, in whole or in part, comes from fines that are imposed in the judge’s court. Thus, there would appear to be an appearance of a potential conflict of interest.