March 7, 2014
This responds to your inquiry (14-06) asking whether it is ethically permissible to apply for and interview for the position of town attorney for the town where you preside without first resigning your judgeship.
The Committee has previously determined that the Rules Governing Judicial Conduct do not prohibit a judge from applying for post-judicial employment, subject to all ordinarily applicable limitations on extra-judicial activity throughout the application process. In particular, you should be aware that you may be disqualified from hearing cases involving the prospective employer during the application process. Disqualification for this reason is subject to remittal.
Enclosed for your convenience is Joint Opinion 11-18/11-42 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)