February 26, 2014
This responds to your inquiry (13-180) asking whether you may serve as town attorney in a different town from the one in which you serve as town justice.
While it is ethically permissible for a part-time town justice to also serve as a town attorney for a town other than the one in which he/she presides, it is ethically impermissible for a town justice to simultaneously hold a position that requires him/her to prosecute offenses. Accordingly, you may only serve as town attorney if you are relieved of any prosecutorial responsibilities, such as enforcing the town code.
Enclosed, for your convenience, is Opinion 09-235 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)