22 NYCRR 100.4 (A); Opinions 95-102(Vol. XIII);
90-50(Vol. V); 89-147(Vol. IV);
A part-time town justice inquires whether continued service as the chief of a local volunteer fire department is permissible. As chief, the inquiring judge would have no fiscal or fund-raising responsibility. Members of the volunteer fire department are not compensated.
Section l00.4 (A) of the Rules Governing Judicial Conduct provides:
This Committee has previously advised that a part-time judge could serve as a member of the fire police of a volunteer fire department (Opinions 88-114[Vol. III]), a director of a volunteer fire department (Opinion 89-147[Vol. IV]) and as treasurer of a fire district (Opinion 90-50[Vol. V] and 95-102[Vol. XIII]). Thus, it would appear that there would be no conflict or incompatibility with judicial office in the judge's continuing to serve as the chief of the volunteer fire department.(A) Extra-Judicial Activities in General. A judge shall conduct
all of the judge's extra-judicial activities so that they do not:
(1) cast reasonable doubt on the judge's capacity to act impartially
as a judge;
(2) detract from the dignity of judicial office;
(3) interfere with the proper performance of judicial duties and
are not incompatible with judicial office.