April 27, 1995
Digest: A part-time judge may accept appointment as a hearing officer in a student disciplinary matter conducted under the State Education Law.
Rule: 22 NYCRR 100.5(h)
A part-time City Court judge who is also the attorney for the school district, asks the following question: “May I act as hearing officer in a student discipline hearing under § 3214(3)(c) of the Education Law as the attorney for the school district?” That statute provides, in part, that "...the superintendent shall personally hear and determine the proceeding or may in his discretion designate a hearing officer to conduct the hearing." The inquirer further states that "In this area the school attorney is almost always designated as hearing officer."
As noted by the inquiring judge, section 100.5(h) of the Rules of the Chief Administrator allows a part-time judge to accept public employment. That permission is subject to the proviso that the particular employment is "not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties."
Based on the materials presented, the Committee sees no ethical objection to the inquirer serving as hearing officer.