Digest:  A part-time Town Justice who is also employed in a New York State Health Department cancer facility may serve as an elected steward and union officer at the facility and may discuss job-related issues with high-ranking State officials and members of the State legislature who will vote on legislation affecting the facility and the facility's employees.
 

Rules:  22 NYCRR 100.4(C)(1); 100.6(B)(1); 100.6(B)(4)
            Opinions 93-07(Vol. X); 90-126(Vol. VI).
 

Opinion:

            A part-time Town Justice who is also employed in a New York State Health Department cancer facility asks if it is appropriate to serve as an elected steward and union officer at the facility. Duties of the steward include discussing job- related issues with high-ranking State officials and members of the State legislature who vote on legislation affecting the facility and the facility's employees.

            A part-time judge may accept private 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 judicial office. 22 NYCRR 100.6(B)(4). This Committee has held that a judge may serve as a union official or be active in a union, subject to limitations articulated in the Rules Governing Judicial Conduct. See Opinions 93-07(Vol. X), 90-126(Vol. VI). As a union official, the inquirer may appear at hearings before legislative and executive branch officials on employment-related issues. 22 NYCRR 100.4(C)(1); 100.6(B)(1).

            The Committee concludes that there is no inherent conflict between the two positions and therefore the inquiring judge may serve as union steward and officer, the duties of which include discussing job-related issues with high-ranking State officials and members of the State legislature who vote on legislation affecting the facility and the facility's employees.