Opinion 25-174

December 18, 2025

Facts/Issue:  A part-time town justice asks if he/she may serve on the town’s historic preservation commission. The position is appointive, and not subject to election.[1]

Discussion:   The rules provide greater leeway to part-time judges to accept appointment to governmental committees, where compatible with judicial office.  We have previously advised that a town justice may serve on the town’s “strictly advisory” historical preservation commission, assuming it is “unlikely to become involved in matters of substantial local controversy.”  As always, the judge’s participation is subject to generally applicable limitations, including the prohibition on personally soliciting funds, and the judge must disqualify in any matters involving the “commission or its recommendations, including any alleged town code violations that may relate to a commission recommendation.” 

Conclusion:  A part-time town justice may serve on the town’s strictly advisory historic preservation commission, but must disqualify in all matters involving the commission or its recommendations.  Should disqualification become so frequent that it interferes with judicial duties, the judge must resign from the commission.

Authorities:  Opinions 20-50; 25-152.

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[1] If the position were subject to public election, the “resign-to-run” rule would apply (see 22 NYCRR 100.5[B]).