NYS Advisory Committee on Judicial Ethics – Town justice: Opinion 22-62

New York State Advisory Committee on Judicial Ethics

Town justice
Participation in judicial efficiency study
Opinion 22-62

Background: A town/village justice asks about the propriety of actions proposed by local municipal governments where the judge serves, such as commissioning a court efficiency study; hiring non-judicial court personnel’ and establishing the position of a town administrative judge.

Opinion: The Committee concluded that a town or village justice may participate in a court efficiency study ordered by the local municipality, but may not acquiesce in municipal actions that are likely to interfere with court operations or that will compromise the independence of judicial office. The judge should report any such actions to an appropriate supervising or administrative judge. The Committee noted the allocation of authority to select, hire, assign and supervise non-judicial personnel to work in the local justice courts, or whether a municipality may establish an appointive administrative judge position are legal or administrative questions outside the scope of the committee’s review.