NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 22-48

New York State Advisory Committee on Judicial Ethics

Part-time judge

Executive director mental health center – Referrals

Opinion 22-48

Background: The inquiring judge asks whether he may concurrently serve as a part-time city court judge and a full-time executive director of a not-for-profit center for social and criminal justice. The center, which advocates for criminal justice reform, is developing a residential mental health treatment facility as an alternative to incarceration for accused felony offenders with serious mental health issues. The facility is located in a different county than the city court.

Opinion: The Committee noted that based on the representation that the mental health facility will only accept referrals of defendants who reside outside the judge’s county, the judge will not be empowered to refer the defendants to it directly or indirectly and will not hear any portion of a case in which the defendant may be referred to the facility by other judges. Thus, the judge may serve as executive director of the center and a part-time city court judge.