September 14, 1999
Digest:
A village justice may not be an ordinary or honorary member of the county
Deputy Sheriffs' Association but may attend purely social functions of
the association, and may maintain membership in associations of retired
or former law enforcement officials.
Rule:
22 NYCRR 100.1; 100.2;
Opinions 89-28 (Vol. III); 94-89 (Vol. XII);
94-85 (Vol. XII); 94-76 (Vol. XII); 92-112 (Vol. X).
Opinion:
A village justice who is a retired Deputy Sheriff asks if it is appropriate to join or maintain regular or honorary membership in the county Deputy Sheriff's Association.
This Committee has previously advised that it is inappropriate for a town justice, who formerly was a town constable, to remain a member of the county constables' association. Opinion 89-28 (Vol. III). In our view, membership by a town justice in an association of active constables, or attendance and participation in the business meetings of the association may appear to cast doubt on the justice's impartiality and the independence of the judiciary 22 NYCRR 100.1, 100.2. See Opinions 94-89 (Vol. XII), 94-85 (Vol. XII), 94-76 (Vol. XII), 92-112 (Vol. X). Membership, honorary or otherwise, in a Deputy Sheriff's association is therefore to be avoided. The justice may, however, attend purely social functions of the association and may maintain membership in associations or organizations of retired or former law enforcement officials. Opinions 89-28 (Vol. III); 94-89 (Vol. XII).