March 15, 2017
This responds to your inquiry (17-02) asking whether a part-time city court judge may serve as a part-time attorney with Legal Aid in another county where all the judges serve full-time.
The Committee has previously advised that such dual employment is permissible, provided the employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of your judicial duties. However, you would be disqualified from presiding in matters handled by other attorneys from the Legal Aid office in which you serve. In addition, you would be ultimately responsible for ensuring that you do not work on any matters that fall within your court’s jurisdiction. Moreover, you must otherwise comply with the Rules Governing Judicial Conduct, in particular §100.6.
Enclosed, for your convenience, are Opinions 08-94, 95-81, and 90-143.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Div., First Dep’t (Ret.)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court