May 7, 2013
This responds to your inquiry (12-158) asking whether you may serve as County’s Veterans’ Counselor. You indicate that the job involves assisting veterans to locate appropriate services and that as a part-time justice you have never referred any defendants to the service providers nor do you anticipate doing so.
It is ethically permissible for a part-time justice to accept private or public employment in a local department or agency, provided the employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the justice’s duties (see 22 NYCRR 100.6[B]). You indicate you have no connection with any service providers to which you may refer the veterans, and the assessment and referral services involved do not appear to be incompatible with judicial office or conflict or interfere with the proper performance of your judicial duties (see 22NYCRR 100.2[A]; 100.4[A]). Accordingly, it is ethically permissible to serve as County’s Veterans’ Counselor.
Enclosed, for your convenience, are Opinions 07-110 and 93-41 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dep’t (Ret.)