February 26, 2014
This responds to your inquiry (13-160) asking whether it is ethically permissible for you to serve as a town justice in one county and a part-time clerk in a village court in a different county.
Section 100.6(B)(4) of the Rules Governing Judicial Conduct provide that 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]). In considering this provision, the Committee previously opined that where the prospective employment is an appointive clerical position in the clerk’s office, not the elective office of “clerk,” there was no ethical prohibition to seeking the clerical appointment.
Enclosed, for your convenience, are Opinions 05-04 and 02-93 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)