Opinion 89-103

Septemer 12, 1989

Digest:         A village justice who also is a professor at a community college, may engage fully in the activities of the faculty association, but must do so within the framework of the law, including the Taylor Law.

Rules:          22 NYCRR 100.2(a)

Opinion:

         A village justice who also is a professor at a county community college, is a member in good standing of the college’s faculty association, which negotiates contracts and salaries on behalf of the faculty with the county.

         Because the faculty has been working without a contract, negotiations on a new contract having reached an impasse at the time of the justice’s inquiry to the Committee, the justice inquires as to the justice’s ethical obligation if the faculty, in possible violation of the Taylor Law, should call a “strike” or “job action” and set up a picket line.

         A part-time judge or justice who is a college professor may fully participate in all legal activities of the college’s faculty association. Every judge, however, is ethically obliged not to violate the law.

         Subdivision (a) of section 100.2 of the Rules of the Chief Administrator (22 NYCRR 100.2[a]) provides:

A judge shall respect and comply with the law.. .

         The Committee cannot construe the provisions of the Taylor Law so as to indicate which specific activities may violate its provisions and which do not. However, all the justice’s activities, including activities as a college professor, must comply with the law, including the Taylor Law.