September 4, 2003
Digest: A part-time judge may serve as a judge for a college in traffic matters arising on campus at a college in an adjoining county.
Rule: 22 NYCRR 100.6(B)(4); Opinion 00-14 (Vol. XVIII).
A town justice has inquired whether he/she can accept an appointment by a college as a “sitting judge” on traffic matters at a college in an adjoining county. Traffic tickets issued on campus by officers of the college’s Department of Public Safety would be returnable directly to the college rather than the local town justice. Any individual wishing to plead not guilty to the offense would appear before the judge who would then determine the matter.
The Committee has previously advised that a part-time judge may accept an appointment as a hearing officer or arbitrator in local employee, firefighter and educational disciplinary matters. See,Opinion 00-14 (Vol. XVIII) (citing,) Opinions 97-53 [Vol. XV]; 95-72 [Vol. XIII]; 89-40 [Vol. III]). The contemplated service here is similar, and, in our opinion, is not incompatible with judicial office; and, given that the function will be performed outside the county where the inquirer presides as a judge of the Unified Court System such service does not appear to present any conflict with the proper performance of the inquirer’s judicial duties. 22 NYCRR 100.6(B)(4).