The New York Advisory Committee on Judicial Ethics has published an opinion stating that a town justice can simultaneously hold the positions of commissioner of jurors and chief clerk of the Supreme and County Court within the same county, contingent upon receiving the necessary administrative approvals.
In the opinion, the committee emphasized that judges must avoid any appearance of impropriety and must conduct themselves in a manner that maintains public confidence in the integrity and impartiality of the judiciary. They noted that a part-time judge is permitted to accept public employment in government roles, provided that such employment does not conflict with the judge’s judicial duties or undermine the ethical standards set forth in the governing rules.
The inquiry specifically questioned the ethical implications of a town justice concurrently serving as commissioner of jurors and chief clerk of the Supreme and County Court. The committee has previously established that holding the position of town justice is not inherently incompatible with serving as chief clerk in City, County, or Supreme Court, even within the same jurisdiction.
However, the committee cautioned that if a part-time judge takes on the role of chief clerk in County Court, they must remain insulated from any cases that originate from their town court or involve judges from that court. This is to prevent any potential conflicts of interest.
The opinion also addressed the unique issue of the town justice’s potential dual role as commissioner of jurors. The committee explained that the assessment of a town justice serving in additional state or county agency roles typically hinges on whether those roles involve law enforcement responsibilities or significant local controversies. For instance, the committee has previously allowed part-time judges to serve in certain agency capacities, provided those roles do not intersect with their judicial functions.
In contrast, the committee has prohibited part-time judges from taking on roles that involve law enforcement duties or significant political responsibilities, which could lead to perceived improprieties. For example, they ruled that a town justice cannot serve as deputy commissioner of public safety due to the law enforcement functions associated with that position.
The committee concluded that the role of commissioner of jurors does not entail law enforcement functions or significant local controversies, and thus is unlikely to create conflicts with the judge’s responsibilities. Additionally, the positions of town justice and commissioner of jurors do not appear to involve conflicting oversight or approval duties.
The committee, comprised of 28 current and retired judges, interprets the Rules Governing Judicial Conduct, as outlined in 22 NYCRR Part 100, as well as the Code of Judicial Conduct. The committee is co-chaired by Honorable Debra L. Givens, an acting justice of the Supreme Court in Erie County, and Honorable Lillian Wan, an associate justice of the Appellate Division, Second Department.
