Opinion 93-95

September 14, 1993


Digest:         A town justice, who hears cases involving DWI charges, may not serve as the administrator of the county’s "Stop DWI Program."


Rule:            22 NYCRR 100.5(h)


         A town justice inquires whether he or she may assume the position of Administrator of the county's "Stop DWI Program," if the county merges that Program with the County Youth Bureau of which the town justice is director.

         The inquiring justice informs this Committee that the justice currently is the Director of the County's Youth Bureau. Due to budgetary constraints, the County's Board of Supervisors has decided to merge its Youth Bureau with the "Stop DWI Program." The inquiring justice states that, after such merger, he or she would be expected to assume the additional administrative duties of the Program, although the justice would not receive any additional remuneration for these duties, nor serve on the Advisory Board of the Program.

         Inasmuch as the fines collected in DWI cases, including those imposed by town courts, go to funding the Program, it is the opinion of this Committee that it would be improper for the justice to act as administrator of the Program and maintain a position as a town justice.