Rule:   Criminal Procedure Law 1.20; 2.10(25)
            Judiciary Law 212(l);
            22 NYCRR Part 101; 100.4(C)(2)(b);
            Opinion 95-120 (Vol. XIII)
 
 

Opinion:

            A recently-appointed, part-time town justice, who also serves as a New York State Correction Officer with peace officer status has asked this Committee for an exemption allowing the judge to continue to engage in employment as a peace officer pending the campaign for election to the justice position.

            Under the Rules Governing Judicial Conduct a judge may not engage in or "accept employment as a peace officer or police officer as those terms are defined in section 1.20 of the Criminal Procedure Law." 22 NYCRR 100.4(C)(2)(b); Opinion 95-120 (Vol. XIII). New York State Correction Officers are peace officers as defined in the Criminal Procedure Law. CPL 1.20; 2.10(25). Therefore, the inquirer may not engage in employment as a Correction Officer and must discontinue employment in one of the two positions.

            As to the request for an exemption from this restriction, neither the statute that authorizes the creation of the Committee nor the Rules of the Chief Administrator concerning the operation of the Committee empowers the Committee to grant such an exemption. Judiciary Law 212(l); 22 NYCRR Part 101.