Inquiry 18-11

April 4, 2018

Dear :

         This responds to your inquiry (18-11) asking whether, after recently resuming part-time judicial office, you may accept seasonal employment with a company owned by two deputy sheriffs who are employed in the same county where you preside. These two deputy sheriffs, and others subject to their supervision, are likely to issue tickets in matters which will be heard in your court.

         The Rules Governing Judicial Conduct prohibit a judge from engaging in business dealings that “involve the judge in frequent transactions or continuing business relationships with … persons likely to come before the court on which the judge serves” (22 NYCRR 100.4[D][1][c]). In addition, extra-judicial activities must be evaluated in light of the possible impact those activities may have on the judicial obligation to maintain public confidence in the independence and impartiality of the judiciary and, further, to avoid the perception that others are in a special position to influence a judge (see 22 NYCRR 100.1; 100.2[A], [C]).

         In the Committee’s view, this extra-judicial activity is incompatible with judicial office as it would interfere with your ability to preside in matters involving the sheriff’s office.

         Enclosed, for your convenience, are Opinions 11-53 and 09-101 which address this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t

                                                 Committee Co-Chair

                                                 Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

Enc.