b. Policy Administrator
We have advised that town judges may be employed as account managers and insurance brokers in the insurance field, so long as they are not involved in any matters relating to the town and the employment does not interfere with the performance of the judge’s judicial duties (look Opinion 17-160;09-36).
The same principles apply here. We conclude that the investigating judge, as a deputy county attorney, may oversee and handle the entering into and renewal of the county’s supplemental insurance policies. These types of activities include risk management, contract negotiations, and claims activities that are ethically compatible with judicial office.
c. Advisor to the Election Commission
We have advised that part-time judges may conduct civil enforcement hearings as nonpartisan hearing officers for the State Board of Elections, so long as it does not conflict with or interfere with the judge’s proper performance of his or her judicial duties.look Opinion 21-84. In reaching this conclusion, we noted that part-time judges are not necessarily prohibited from “accepting employment in election matters” because their role is “clearly that of an attorney” and they “are compensated as an attorney” (see § 134 of the …id.
Here we conclude that the Inspector-Judge may, as advisors to the Election Commission, advise on legal matters relating to election administration, draft, review and approve contracts, assist with employment issues, etc., without becoming involved in litigation. However, Inspectors must be mindful that, as elected officials, they must refrain from providing legal advice on administrative matters affecting election voting and avoid unauthorized political activity in any year in which the Inspector’s name appears on the ballot (Generally Viewed 22 New York City Transit 100.5[A][1]).
d. Advisor to the Ministry of Public Health
As outlined in the investigation, the county public health department’s advisory role will include matters related to education, preventive services, health law, health policy and oversight of the crime lab.
We note that oversight of crime laboratories falls within the scope of law enforcement or court-related activities and therefore constitutes impermissible/incompatible representation as noted above. Similarly, representation of Health Department enforcement officers in administrative proceedings regarding violations of health laws or sales of tobacco to minors has already been addressed and is not permitted.
We have stated that a part-time judge may serve as a hearing officer for the county health department (look Opinion 09-91; 88-148) and may accept appointments to the Health Department’s “purely educational” Injury Prevention Task Force (Opinion 91-153). Thus, we conclude that an investigating judge may serve as counsel to a county’s public health department, except as noted above with respect to matters related to the crime lab or associate prosecutor’s duties. Of course, if an investigating judge serves as counsel to the department, he/she cannot preside over matters related to the department (look Opinion 09-91;88-148).
