May 4, 2000
A part-time judge is not prohibited from accepting employment as Program
Director of the Dispute Mediation Center of a neighboring county.
22 NYCRR 100.6(B)(4).
A part-time town judge has been offered the position of Program Director of the Dispute Mediation Center of a neighboring county. The position is paid for by a regional Better Business Bureau which receives funding for the Center through the Unified Court System. The judge's judicial salary is paid by the town. The judge asks if there is any conflict of interest between the two positions.
Section 100.6(B)(4) of the Rules Governing Judicial Conduct provides that a part-time judge "may accept private employment or public employment in a federal, state or municipal department or agency, 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." 22 NYCRR 100.6(B)(4).
Given the different localities involved and the unlikelihood that matters
that could come before the inquirer as Program Director might ultimately
appear in his or her court, or vice-versa, the Committee does not perceive
any conflict between the two positions. In our opinion, section 100.6(B)(4)
of the Rules does not bar the judge from accepting the position of Program