The New York Advisory Committee on Judicial Ethics has issued an opinion allowing a part-time judge to accept employment as an accreditation assessor for the New York State Division of Criminal Justice Services (DCJS) under specific conditions.
Opinion 25-16 permits the judge to work in the DCJS Law Enforcement Accreditation Program, provided the assessments are conducted for agencies outside the judge’s county and those with no connections to the judge’s court.
The DCJS program is a voluntary initiative aimed at enhancing the effectiveness, efficiency, and professionalism of police departments and sheriffs’ offices. It evaluates agencies based on standards in administration, training, and operations to ensure they meet quality expectations, maintain formalized policies, and promote public confidence in law enforcement. The accreditation assessor role involves auditing agencies through site visits, observations, and interviews to verify compliance with these standards, with a focus on upholding the rights of citizens interacting with law enforcement.
The committee’s opinion is based on judicial ethics rules requiring judges to avoid any appearance of impropriety and to prioritize judicial duties. Part-time judges are allowed to hold public employment if it is compatible with their judicial role and does not conflict with their duties. However, judges are prohibited from serving as peace officers or police officers, and their roles must not appear too closely aligned with law enforcement interests from a reasonable layperson’s perspective.
The committee determined that the accreditation assessor position meets these requirements. The role does not involve peace officer or police officer status, nor is it seen as a quasi-law enforcement position. By limiting assessments to agencies outside the judge’s court jurisdiction, the judge avoids conflicts with judicial duties. The committee also noted the academic nature of the role, which focuses on evaluating compliance with established standards rather than implementing law enforcement policies or engaging in internal agency affairs.
Previous opinions cited by the committee allow part-time judges to engage in similar academic or advisory roles, such as serving on balanced DCJS advisory boards or instructing at police academies, reinforcing the compatibility of this position with judicial ethics.
The opinion ensures that the judge’s employment with DCJS will not compromise public confidence in the judiciary’s impartiality or integrity.
