Opinion 25-39

March 27, 2025

Digest: A part-time city court judge may not also be employed as the city’s human resources manager.

Rules:   22 NYCRR 100.1; 100.2; 100.2(A); 100.6(B)(4); Opinion 19-07.

Opinion:

          A part-time city court judge asks if he/she may maintain outside employment as a part-time human resources manager for the same city where the judge presides.  As described, the duties and responsibilities of the human resources manager include interviewing and recruiting employees; overseeing performance management, benefits and compensation of all city employees; assisting with contract negotiations and management of collective bargaining agreements; dispute resolution; and policy advice.

          A judge must uphold the judiciary’s integrity, impartiality, and independence and must always avoid even the appearance of impropriety (see 22 NYCRR 100.1; 100.2; 100.2[A]).  As relevant here, a part-time judge may accept public employment in a state or municipal department or agency, provided that such employment is not incompatible with judicial office and does not conflict or interfere with proper performance of the judge’s duties (see 22 NYCRR 100.6[B][4]).

          We have frequently addressed the propriety of part-time judges maintaining non-judicial employment within the towns, villages or cities where they preside (see Opinion 19-07 [discussing three broad categories of employment]).  When addressing the category of local public employment that is “clearly incompatible with judicial responsibilities” (id.), we discerned several common threads.  In particular, we observed that such positions “could involve the judge in high-level executive action; access to limited and sensitive information; and/or policy-making, prosecutorial or management roles that conflict with judicial independence, impartiality and neutrality” (id.).

          Here, the tasks assigned to the role of part-time human resources manager, as described, fall squarely within the “high-level executive action; access to limited and sensitive information; and/or policy-making, … management roles” that we have determined are “inherently incompatible with the judge’s judicial responsibilities” (see id.).  Accordingly, we conclude that the inquiring judge may not serve as both a part-time city court judge and the city’s human resources manager.