September 24, 1992
Digest: A part-time judge may serve as a nurse in a county jail, provided that the judge recuses himself or herself if any inmate comes before the judge.
Rule: 22 NYCRR 1OO.5(h).
A part-time judge asks whether it is permissible to serve as a nurse in a county jail. The judge states that a maximum of six inmates per year are committed by the judge's court to the county jail.
Section 100.5(h) of the Rules of the Chief Administrator permits part-time judges to assume other employment. Here, the judge may serve as a nurse in the county jail, but to avoid any conflict of interest, or appearance of impropriety, the judge should recuse himself or herself if any inmate comes before the judge. See, Opinion 90-201.