b. Manager of Insurance Policies
We have advised that a town justice may be employed as an account manager in the insurance field and as an insurance broker, provided the judge is not involved in any matters concerning his/her town and the employment does not interfere with the judge’s performance of judicial duties (see Opinions 17-160; 09-36).
The same principles apply here. We conclude the inquiring judge may, as an assistant county attorney, monitor and handle the placement and renewal of supplemental insurance policies for the county. Such types of activities involve risk management, contract negotiation and claims activities which are ethically compatible with judicial office.
c. Counsel to the Board of Elections
We have advised that a part-time judge may serve as a non-partisan hearing officer for the state board of elections to conduct civil enforcement hearings, where it would not conflict or interfere with proper performance of the judge’s judicial duties (see Opinion 21-84). In reaching this conclusion, we observed that a part-time judge is not necessarily prohibited from “accepting employment in matters involving elections,” where the judge’s role “is clearly that of a lawyer” and the judge “is being compensated as an attorney” (id.).
Here, we conclude the inquiring judge may serve as counsel to the board of elections, including providing advice on legal questions related to the administration of elections; drafting, reviewing and approving contracts; and assisting with employment issues without involvement in litigation. However, the inquirer should keep in mind that, as an elected official, he/she should refrain from giving legal advice on administrative issues affecting the election ballot during any year in which the inquirer’s name will appear on that ballot and must avoid impermissible political activity (see generally 22 NYCRR 100.5[A][1]).
d. Counsel to the Department of Public Health
As described in the inquiry, the role of counsel to the county’s department of public health includes matters relating to education, preventive services, health codes, medical policies, and overseeing the crime lab.
We note that overseeing the crime lab would fall under the rubric of law enforcement or court-related activity and therefore would pose an impermissible/incompatible representation, as discussed above. Likewise, representing health department enforcement personnel in administrative proceedings for health code violations or for selling tobacco to minors has already been addressed and is impermissible.
We have said that a part-time judge may serve as a hearing officer for the county health department (see Opinions 09-91; 88-148) and may accept appointment to the health department’s “purely educational” injury prevention task force (Opinion 91-153). Accordingly, we conclude that the inquiring judge may serve as counsel to the county’s public health department, except as noted above with respect to matters involving the crime lab or quasi-prosecutorial duties. Of course, if the inquiring judge serves as counsel to this department, he/she may not preside over any matters involving the department (see Opinions 09-91; 88-148).
