Opinion 23-153

Short-Form Opinion

December 14, 2023

Question:     A town justice is disqualified, subject to remittal, in matters involving a deputy sheriff after the deputy has been elected to the town board.

Discussion:   We have advised that a town justice “must disqualify him/herself, subject to remittal, in matters where a Deputy Sheriff, who also serves on the Town Board, appears before the judge as a prosecutor or a witness.”  This obligation commences once the deputy sheriff is sworn in as a town board member (cf. Public Officers Law § 10). 

Enclosed:     Opinions 09-16; 90-175.