Opinion 91-133

October 31, 1991


Digest:         A part-time judge may hold both the offices of Village Justice and Acting City Court Judge.


Rules:          22 NYCRR §100.5(h).


         A part-time Village Justice asks whether it is permissible to hold a part-time position of Acting City Court Judge. The hours of the two positions do not conflict.

         Section 100.5(h) of the Rules of the Chief Administrator permits part-time judges to accept public employment that “does not conflict or interfere with the proper performance of the judge’s duties.” Here, assuming there is no appeal from one court to the other, the inquirer ethically may hold both the office of Village Justice and Acting City Court Judge, since there is no conflict in the time of court services, and there is no incompatibility in duties.