October 19, 2000
A part-time judge may be employed as a tractor trailer operator by the
New York State Department of Correction, delivering to and from correctional
facilities products that are produced by inmates.
22 NYCRR 100.6(B)(4);
Opinions 96-123 (Vol. XV);
92-86 (Vol. X).
A part-time town justice inquires whether it is ethically permissible to be employed by the New York State Department of Correction as a tractor trailer operator delivering the products the inmates produce into and out of correctional facilities. The judge acknowledges that there is daily contact with inmates.
Section 100.6(B)(4) of the Rules Governing Judicial Conduct permits a part-time judge to "accept . . . public employment in a federal, state or municipal department or agency provided such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties."
On the facts presented, the Committee does not perceive any conflict or incompatibility that would preclude continuation in the described employment. See Opinions 96-123 (Vol. XV); 92-86 (Vol. X).