Rules:    22 NYCRR 100.2; 100.6(B)(4);
              Opinions 93-33(Vol. XI);
              90-188(Vol. VI).
 
 
 
 

Opinion:

            A part-time town judge, who is also an attorney with a private practice, inquires whether he/she may accept an appointment as special district attorney to prosecute a felony charge in another county.

            Section 100.6(B)(4) of the Rules Governing Judicial Conduct states, in part, that "a part-time judge may accept private employment or public employment ... 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."

            The Committee has previously advised that a part-time judge "may not also serve as district attorney as that position is incompatible with the judicial office and may create an impermissible appearance of impropriety" inasmuch as district attorneys have "a special relationship with the police and law enforcement authorities" Opinion 90-188(Vol. VI); 22 NYCRR 100.2.

            Insofar as the duties and function of a special district attorney are essentially identical to those of a district attorney (Opinion 93-33[Vol. XI]), it would be improper for a part-time judge to accept the above-described appointment. Opinion 90-188(Vol. VI).