September 22, 1994
Digest: A part-time town justice is not ethically prohibited from serving as a part-time stenographer to a District Attorney of another county.
Rule: 22 NYCRR 100.2
A part-time stenographer for a part-time District Attorney is running for and anticipates being elected to the position of Town Justice in a town where the candidate resides and which is located in a county other than the one where the candidate is employed. The candidate asks whether there is any conflict of interest in holding the two positions or whether there might be an appearance of impropriety.
Based on the circumstances presented, the Committee is of the view that the mere fact of holding the two positions does not in and of itself constitute a conflict of interest or give rise to an appearance of impropriety. Nothing set forth in the inquirer's letter indicates that the employment relationship, as described, would be perceived as influencing judicial conduct or judgment.