January 28, 1999
A part-time town judge may be employed by a private business which is solely
owned by a member of the Town Planning Board.
22 NYCRR 100.6(B)(4).
A part-time town justice inquires whether the justice may accept employment in a private business which is solely owned by a member of the Planning Board of the town in which the justice sits. The justice specifies that the Planning Board has never been a party to any proceeding before the justice. Further, the justice states that, in the event the Planning Board were to be a party to such a proceeding, the justice would, if employed by the business owned by a member of the Planning Board at that time, disqualify him/herself.
Section 100.6(B)(4) of the Rules Governing Judicial Conduct states that a part-time judge "may accept private employment or public employment . . . provided that such employment is not incompatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties." 22 NYCRR 100.6(B)(4).
The Committee sees no basis upon which to conclude that mere employment
in a private business owned by a Planning Board member is incompatible
with the justice's office or would conflict or interfere with the justice's
performance of judicial duties. Therefore, the justice may accept the position.