Opinion 89-17

February 24, 1989


Topic:                    Employee of New York State Department of Correctional Services pursuing candidacy for position of village judge.


Digest:                   There is no per se disqualification of a candidate for village justice who is employed by the State Department of Correctional Services.


Rule:                      22 NYCRR §100.5(h)


         A candidate for village justice requests an opinion concerning any ethical prohibition because of his present employment with the New York State Department of Correctional Services. He is not a peace officer and his responsibilities include administering and supervising family service programs.

         Section 100.5(h) of the Rules of the Chief Administrator addresses the situation of a part-time judge accepting private or public employment:


A part-time judge 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 conflict or interfere with the proper performance of the judge’s duties. No judge shall accept employment as a peace officer as that term is defined in section 1.20 of the Criminal Procedure Law.

         The Committee concludes that the inquirer’s state employment presents no disqualification of the village justice’s candidacy nor would it preclude the inquirer’s assuming the office of village justice.