January 28, 1988
Topic: Town justice serving as counsel to the vice-chairman of a legislative commission on critical transportation choices.
Digest: Holding offices of town justice and counsel to the vice-chairman of a legislative commission on critical transportation choices is permissible because offices appear to be compatible.
Rules: 100.3, 100.5(h)
A town justice asks the Committee whether he also may serve as counsel to the vice-chairman of a legislative commission on critical transportation choices.
In the opinion of the Committee, on the basis of the facts presented, this question is answered in the affirmative since there is no apparent incompatibility or conflict between the two positions. If, in any particular case before the town justice, such a conflict appeared, the town justice would be required to act appropriately by recusal or other wise. Section 100.3 of the Rules of the Chief Administrator of the Courts also provide guidance in stating that “the judicial duties of a judge take precedence over all of his other activities”, and that “judicial duties include all of the duties of a judicial officer prescribed by law.”
This Opinion is advisory only and is not binding upon either the Office of Court Administration or the Commission on Judicial Conduct.