December 9, 1993
NOTE: Former section 25.39(e) has been superseded by 22 NYCRR 50.5(e). For guidance on Part 50 (formerly Part 25), court personnel may consult the Office of Court Administration’s Nonjudicial Ethics Helpline (888-283-8442). Regarding the applicability of Part 50 to town and village justice courts, please see footnote 1 in Opinion 10-116.
Digest: A town justice may recommend the current chair of the Conservative Party for a civil service position of court clerk in the town court, provided that the individual resigns the position of chair of the political party.
Rule: 22 NYCRR 25.39(e)
A town justice inquires on behalf of both town justices whether it is proper to recommend for a civil service position as court clerk in the town court an individual who currently is the chair of the local Conservative Party although both town justices have enjoyed the endorsement of the Conservative Party in their respective judicial campaigns.
Section 25.39(e) of the Career Service Rules of the Chief Judge is determinative. In accordance with that section, provided the chair resigns the position in the political party before assuming the position, there is no ethical prohibition against the town justices recommending that individual for a civil service position.
The remaining questions posed either are questions of law or are too general for this Committee to answer.