Opinion 97-137

December 29,1997

Dear

         This is in response to your inquiry (97-137) concerning the propriety of your accepting a position as a part-time United States Immigration and Naturalization Service immigration inspector. You state in your letter that the position carries with it Federal peace officer status.

         It is the view of the Committee that the position should not be accepted. The position, although not designated as a New York peace officer under section 2.10 of the Criminal Procedure Law, does specifically carry with it the significant peace officer powers listed in section 2.15 of the Criminal Procedure Law. Under the circumstances, the Committee believes that the position you seek is incompatible with judicial office.

         In Opinion 96-39 (Vol. XIV), which we enclose, the Committee addressed a similar question concerning the position of Special U. S. Marshal.

                                                                     Very truly yours,

                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court

Co-Chair

                                                                     George D. Marlow

                                                                     Dutchess County Court Judge

                                                                     Co-Chair