Opinion: 98-54
 April 23, 1998
Digest:    A part-time judge may serve as chief of a volunteer fire company. 

Rules:    22 NYCRR 100.4 (A); Opinions 95-102(Vol. XIII);
              90-50(Vol. V); 89-147(Vol. IV);
              88-114(Vol. III).


            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:

(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.
                    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.