September 26, 2007
This responds to your inquiry (07-123) asking if you may serve as acting village justice and village attorney for the Village of ------.
In Opinion 00-63 (Vol. XIX), this Committee concluded that a part-time town judge cannot also serve as town attorney for the same municipality. The Committee’s primary concern was that these dual roles would create the appearance of a merger of the executive and judicial roles, thereby calling into question the independence of the judiciary. This concern is not obviated by the fact that you cannot practice in the ----- Village court or that the Village of -----employs a separate Village Prosecutor.
The Committee, therefore, adheres to its conclusion in Opinion 00-63 that it is ethically impermissible for an attorney to serve as part-time judge and municipal attorney for the same municipality.
We enclose a copy of Opinion 00-63 for your convenience.