Opinion: 00-14

January 27, 2000

Digest: A part-time town judge may accept an appointment by the town Board of Fire  Commissioners as a hearing officer in a disciplinary proceeding involving a firefighter.

Rule:  22 NYCRR 100.6(B)(4);
           Opinions 97-53 (Vol. XV);
           95-72 (Vol. XIII); 89-40 (Vol. III).


            The Board of Fire Commissioners of a town fire district has asked the town justice to serve as the hearing officer in a disciplinary case involving a firefighter. This would involve the taking of testimony and the submission of findings and a recommendation to the Board. The judge asks if he or she is allowed to serve in this capacity.

            The Committee has previously advised that a part-time judge may accept an ad hoc appointment as a hearing officer or arbitrator in a local employee or educational disciplinary matter. See Opinions 97-53 (Vol. XV); 95-72 (Vol. XIII); 89-40 (Vol. III). Such service is not incompatible with judicial office and if done on an infrequent or occasional basis, does not appear likely to conflict with the proper performance of judicial duties. 22 NYCRR 100.6(B)(4).