Opinion 18-162

January 3, 2019

Dear :

         This responds to your inquiry (18-162) asking if, after you retire, you may serve as a judicial hearing officer and a part-time town justice.

         A part-time judge may accept public employment in a federal, state or municipal department or agency, provided such employment is not incompatible with judicial conduct and does not conflict with or interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B]][4]).

         We have previously held that a full time Support Magistrate (Opinion 17-184) and a full time Attorney Referee (Opinion 13-144) simultaneously may hold the position of town or village justice. We have also held in Opinion 00-12 that there is no basis for distinguishing between the full-time quasi-judicial positions of hearing examiner and court attorney-referee with respect to holding judicial office.

         Accordingly, as long as one position is not subject to the other’s jurisdiction and as long as there is no conflict in the duties of the offices and no conflict in the hours of employment, then you may serve simultaneously as a judicial hearing officer and a part-time town justice (see Opinion 13-144).

         Enclosed, for your convenience, are Opinions 17-184; 13-144; and 00-12 for your review, which address this issue.

                                       Very truly yours,

                                       George D. Marlow, Assoc Justice

                                       Appellate Div., First Dept. (Ret)

                                       Committee Co-Chair 

                                       Hon. Margaret T. Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair