Opinion: 96-34

April 25, 1996

Digest:  A part-time judge may hold employment as a caseworker with the County Child Protective Services.

Rules:  22 NYCRR 100.6(B)(4)


            A part-time Village Justice asks whether or not it is permissible to accept employment as a caseworker with a County Child Protective Service, which entails conducting investigations concerning child abuse and neglect. This long term justice has only seen about three such cases over a period of 18 years come into the Village Court, and advises that there is an Acting Village Justice available should the need arise.

            Section 100.6(b)(4) of the Rules Governing Judicial Conduct states that a part-time judge:

(4) 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.

            Under the circumstances presented, the Committee is of the view that such employment is permissible. If, however, cases in which there has been an involvement by the County Child Protective Service come before the judge, there must be recusal.