Opinion 26-02
February 5, 2026
Digest: A part-time attorney judge may not represent the New York State Police Investigator’s Association or the local Legal Aid Society.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.3(E)(1); 100.3(E)(1)(c); 100.6(B)(1)-(4); Opinions 24-196; 24-105; 23-13; 21-143; 20-95; 17-141; 16-175; 13-54.
Opinion:
A new part-time attorney judge asks if he/she may represent the New York State Police Investigator’s Association and the Legal Aid Society in his/her private practice.
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge must disqualify in matters where his/her impartiality “might reasonably be questioned” (22 NYCRR 100.3[E][1]), including in matters where the judge has an “interest that could be substantially affected by the proceeding” (22 NYCRR 100.3[E][1][c]). Unlike full-time judges, part-time attorney judges are permitted to practice law (see 22 NYCRR 100.6[B][1]-[3]) and may accept private employment which is not incompatible with judicial office, and which does not conflict or interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B][4]). Such outside employment or legal practice is subject to limitation because a judge’s judicial duties “take precedence over all the judge’s other activities” (22 NYCRR 100.3[A]).
1. Representation of NYSPIA Members
The judge first asks if he/she may be retained by NYSPIA to represent its police investigator members “when they are called as witnesses in investigations by the Attorney General” for “police officer involved fatalities.”
We have repeatedly advised that a judge “must strive to avoid not only the reality, but also the appearance, that he/she is aligned in interest with law enforcement in the judge’s extra-judicial activities” (Opinion 20-95 [internal quotation omitted]). In Opinion 21-143, we said a part-time attorney judge may not represent a police benevolent association, whether in a non-adjoining town in the same county or in a village in another county, “as an appearance of impropriety would be created, based on a perception that the judge is too closely aligned with law enforcement interests.” For similar reasons, we subsequently advised that a part-time attorney may not permit his/her law firm to represent a Corrections Officers Benevolent Association in any county, “even if the representation will be limited to contract negotiations or labor relations matters” (Opinion 24-196).
In our view, representing NYSPIA and/or its police investigator members would likewise create an appearance of impropriety based on a perception that the judge is too closely aligned with law enforcement interests.
2. Representation of the Legal Aid Society
The judge next asks if he/she may represent the local Legal Aid Society “for employment advice and issues.”
We have advised that “a judge must be cautious when their non-judicial employment may appear to align the judge with law enforcement or defense functions, as such a position may cast doubt on the judge’s capacity to act impartially and thereby interfere with proper performance of judicial duties” (Opinion 23-13).[1] Significantly, a part-time attorney judge must disqualify in matters where his/her current and recent former clients appear (see e.g. Opinions 16-175; 13-54). Assuming staff attorneys from the Legal Aid Society appear in the judge’s court, this representation could result in frequent disqualifications and would thus improperly interfere with the proper performance of judicial duties.
[1] Of course, a part-time judge may undertake criminal defense work in appropriate circumstances. For example, a part-time judge may accept 18-B assignments within his/her county, even though he/she may not serve as administrator of the county’s 18-B plan (see Opinion 17-141) and may serve as an assistant public defender in another county, even though he/she may not do so in the county where he/she presides (see Opinion 24-105).