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 (21-77) asking whether you may simultaneously serve as Assigned Counsel Administrator and village justice in the same county. The Assigned Counsel Administrator has numerous duties including assigning private attorneys to represent defendants in criminal proceedings where there is a conflict with the public defenders' office, reviewing and approving vouchers submitted by assigned counsel, and preparing and submitting funding requests to certain offices and municipalities.

A part-time justice is permitted to practice law 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 (see 22 NYCRR 100.4[G]; 100.6[B][1] and [4]). A judge's duties take precedence over all of the judge's other activities (see 22 NYCRR 100.3[A]).