Judicial Ethics Opinion 20-175
May a quasi-judicial full-time employee accept part-time employment with a private agency doing remote legal document review?
February 04, 2021 at 09:40 AM
2 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.
This responds to your inquiry (20-175) asking whether you, a quasi-judicial full-time employee, may accept part-time employment with a private agency doing remote legal document review.
Non-judges "who perform judicial functions within the judicial system" must comply with the Rules Governing Judicial Conduct (22 NYCRR 100.6[A]). The Rules provide that full-time judges shall conduct their extra-judicial activities to minimize the risk of conflict with their judicial obligations. Therefore, "[a] full-time judge shall not serve as an officer, director, manager, general partner, advisor, employee or other active participant of any business entity" with limited exceptions which are not applicable here (22 NYCRR 100.4[D][3]). Moreover, full-time judges are prohibited from practicing law (see 22 NYCRR 100.4[G]).
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