Opinion 95-50

April 27, 1995

Digest:         A part-time City Court judge may accept appointment to the city Industrial Development Agency.

Rule:            22 NYCRR 100.5(h)

Opinion:

         A part-time City Court judge asks whether there is a prohibition against being appointed to the city Industrial Development Agency. As stated by the judge, "The appointment is an unsalaried position, no cases or issues arising within the agency ever come before the ... City Court."

         The Committee is of the opinion that under the facts presented, the inquirer, a part-time judge, may serve on such an agency. Such service is expressly permitted under Rule 100.5(h) of the Rules of the Chief Administrator, which reads as follows:

(h) Employment of Part-time Judges.

A part-time judge may accept private employment or public employment in a Federal, State or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. No judge shall accept employment as a peace officer as that term is defined in section 1.20 of the Criminal Procedure Law.