Opinion 02-93

September 12, 2002

Digest:         A part-time judge may be employed by a probation department in a clerical position in a county other than the one in which the judge’s court is located

Rule:            22 NYCRR 100.6(B)(4); Opinion 90-186 (Vol. VI).

Opinion:

         A part-time town justice asks whether it is ethically permissible to be employed by a probation department in a county other than that in which the justice’s court is located. The justice describes the duties of the position as clerical, including such tasks as answering the telephone, data entry and collecting restitution payment.

         Pursuant to the Rules Governing Judicial Conduct, a part-time judge may accept public employment in a government department or agency so long as the 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).

         In Opinion 90-186 (Vol. VI), the Committee concluded that a part-time judge could be employed as work-crew supervisor for a community service program run by the probation department of an adjoining county, since the work would be performed outside the judge’s territorial jurisdiction. For the same reason, it is the Committee’s opinion that the inquiring judge may be employed by a probation department in a county other than that in which the justice’s court is located