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 (21-93) asking if you, a town justice, may allow the town's Chief Constable to provide court security in the town court and to prosecute town ordinance violations "while also acting as a Court Officer."

We have said a town justice may not permit a town constable, who is also the court officer in the judge's court, to act simultaneously as prosecutor in cases involving violations of town ordinances (see Opinion 91-54; accord Opinions 18-92; 09-152).