December 13, 2001
Digest: A part-time town justice who also maintains employment as a New York State licensed registered respiratory therapist may serve on the Respiratory Therapy Board of the New York State Department of Education, Office of the Professions.
22 NYCRR; 100.6(B)(4); Opinions 88-148 (Vol. III); 89-40 (Vol. III); 89-155
(Vol. V); 95-72 (Vol. XIII).
A part-time town justice who also maintains employment as a New York State licensed rrespiratory therapist asks if it is permissible to also serve on the Respiratory Therapy Board of the New York State Department of Education, Office of the Professions. The Respiratory Therapy Board advises and assists the Board of Regents on such matters as professional licensing, practice and conduct. Board members may also participate in professional disciplinary hearings.
Town justices, as part-time judges, may accept private employment or public employment in a federal, state or municipal department or agency provided that such employment is not incompatible with judicial office and does not interfere with the proper performance of judicial duties. 22 NYCRR 100.6(B)(4); Opinion 89-155 (Vol. V).
It does not appear to the Committee that there is any incompatibility between
the two positions. Thus, it is not improper for a Town Justice who is also
a licensed registered respiratory therapist to serve on the governmental
board overseeing the administration of the Respiratory Therapy profession
in New York State. Such service would be merely an extension of the permissible
alternative employment authorized for a part-time judge and would not involve
any governmental activity prohibited to a part-time judge. In addition,
the fact that responsibilities of Board membership might include the judge's
participation in disciplinary hearings does not prohibit the judge from
serving. See, Opinions 88-148 (Vol. III); 89-40 (Vol. III); 95-72