September 24, 2007
This responds to your inquiry (07-101) as to whether you may hold two elected judicial positions in two separate local municipalities. You advise that you are currently a candidate for a part-time Town Justice position.
Pursuant to the Rules Governing Judicial Conduct, “[a] part-time judge... may accept private 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).
This Committee concluded in Opinions 06-161 and 91-133 (Vol. XII) that a Village Justice or Town Justice may also serve as an acting City Court Judge, subject to noted limitations. It is not permissible, however, for a full-time judge to also serve as a part-time judge. Opinion 03-130; Joint Opinion 98-07 and 98-24 (Vol. XVI).
We enclose copies of Opinion 03-130 and Joint Opinion 98-07 and 98-24 (Vol. XVI) for your reference and consideration.