Opinion 03-66

June 12, 2003

Digest:         A part-time town justice who practices law, may appear in a city court located in the same county as the justice’s town court that is presided over by both full-time and part-time judges, only when a full-time city court judge is presiding.

Rule:            22 NYCRR 100.6(B)(2); Opinion 96-99 (Vol. XIV).

Opinion:

         A part-time town justice, who is a practicing attorney, asks if it is ethically permissible for him/her to appear in a city court located in the same county as the justice’s town court that is presided over by four full-time judges who are not permitted to practice law and one part-time judge who is permitted to practice law.

         Section 100.6(B) (2) of the Rules Governing Judicial Conduct prohibits a part-time judge who is a practicing attorney from appearing in any court in the county in which the part-time judge’s court is located, before a judge who is permitted to practice law. 22 NYCRR 100.6(B)(2). In Opinion 96-99 (Vol. XIV), the Committee advised a part-time town justice who is a practicing attorney that he/she would be able to appear in a city court located in the same county as the justice’s town court that, at the time of the inquiry, was presided over by part-time city court judges, once a full-time city court judge was added, but only if the full-time judge is presiding. Similarly, in the present inquiry, the part-time town justice may appear in the city court located in the same county as the justice’s town court, but only when a full-time judge is presiding. The part-time town justice may not appear in any case over which a part-time city court judge who is permitted to practice law is presiding.