Judicial Ethics Opinion 20-164
Whether or not a judge may hold two part-time judicial positions in the same municipal court is a legal question beyond this Committee's jurisdiction.
February 03, 2021 at 05:03 AM
4 minute read
The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.
Digest: Whether or not a judge may hold two part-time judicial positions in the same municipal court is a legal question beyond this Committee's jurisdiction. If it is determined that the dual service described is legally permissible, such serving would not otherwise violate any ethics rules or principles under Part 100. If there is a legal impediment to such service, the judge may not so serve.
Rules: NYS Const, art VI §§ 17, 20; Public Officers Law § 2; Second Class Cities Law § 19; Village Law § 3-303(3); 22 NYCRR 100.2; 100.2(A); 100.6(B)(4); 101.1; Opinions 18-57/17-166; 09-140; 06-161; 91-133.
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