New York State Advisory Committee on Judicial Ethics: Part-time attorney-judge: Opinion 22-35

New York State Advisory Committee on Judicial Ethics

Part-time attorney-judge
Assistant attorney general – Sex Offender Management and Treatment Act
Opinion 22-35

Background: A part-time village justice, who is permitted to practice law, asks if they may accept employment as an assistant attorney general in the sex offender management bureau. The work involves handling Mental Hygiene Law article 10 cases before full-time judges. The petitioner is the State of New York and the respondent is an inmate who is classified as a recidivist sexual offender at the end of their criminal sentence and who is facing civil confinement under the Sex Offender Management and Treatment Act.

Opinion: The Committee concluded that a part-time judge may not serve as an assistant attorney general handling petitions for civil management of recidivist sex offenders under the Sex Offender Management and Treatment Act.