June 20, 2013
This responds to your inquiry (13-14) asking whether you may accept employment with a not-for-profit organization or a law firm to perform services that would include meeting with state and local governmental officials, providing the employer with legal and policy analysis of pending legislation, appearing at hearings before executive agencies and legislative bodies, advocating for and seeking the passage of legislation that advances the policies and interests of the not-for-profit organization or law firm clients, and performing trainings on policy, legislation, and laws to educate the constituencies of the not-for-profit or to promote the interest of the law firm’s clients.
A part-time judge may accept private employment that is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B]).
In Opinion 10-54, the Committee considered a similar inquiry and discussed certain job duties that a part-time lawyer judge is permitted to perform for a private employer. You also are permitted to perform the same duties for a private employer.
I have enclosed Opinion 10-54 for your convenience. Please contact the Committee again should you have further questions about non-judicial employment.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)