Opinion 90-37

March 1, 1990

Please Note: This opinion has been modified to the extent inconsistent with Opinion 12-53.


Digest:         A part-time judge may serve as a bookkeeper for the town supervisor and as deputy supervisor, but should recuse herself in cases involving the town or the supervisor.


Rules:          22 NYCRR § 100.5 (h)


         A part-time judge inquires whether she may hold a position as bookkeeper for the town supervisor, and as deputy supervisor.

         Section 100.5 (h) of the Rules of the Chief Administrator permits part-time judges to accept employment with municipal departments and agencies. Here, employment with the town supervisor is not incompatible with the judicial office, provided that the part-time judge recuses herself in any cases involving the town supervisor of the town.