May 8, 2017
This responds to your inquiry (17-36) asking whether it is ethically permissible for a town justice to serve as the town attorney for another town in the same county where there will be no prosecutorial component to that town attorney position.
The Committee has previously advised that it is ethically permissible for a town justice to simultaneously hold the position of town attorney in another town provided that position does not involve any prosecutorial duties such as enforcing the town code.
Enclosed, for your convenience, are Opinions 13-180 and 09-235 which address this issue.
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