April 25, 1991
Digest: A part-time judge ethically may hold a full-time position as a United States Federal Magistrate.
Rule: 22 NYCRR §1OO.5(h).
A part-time judge asks if there is any conflict in occupying both a position as part-time judge and a full-time position as United States Federal Magistrate.
Section 100.5(h) of the Rules of the Chief Administrator permits part-time judges to "accept private employment or public employment in a Federal, State or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties."
This Committee does not see any ethical conflict if the judge can fully perform the duties of both positions. The Committee, however, does not pass on the legality of holding both positions, or whether federal ethical or legal restraints would forbid this situation.