Opinion 04-40

March 11,2004

Digest:         A part-time City Court judge who is a lawyer may appear as assigned counsel for indigent defendants in criminal proceedings, pursuant to an appointment under Article 18-B of the County Law in another City Court in the same county in which his or her court is located, in light of the fact that all of the judges in that court are full-time judges.

Rules:          22 NYCRR 100.6(B)(2); Opinions 87-18 (Vol. I); 90-10 (Vol. V); 90-82 (Vol. V); 92-35 (Vol. IX).

Opinion:

         A part-time City Court judge has previously served as an assigned counsel for indigent defendants in criminal proceedings pursuant to Article 18-b of the County Law. Having been elevated to the bench, the judges now inquires regarding the propriety of continuing to serve as an assigned counsel in a different City Court within the county in which the judge’s court is located. All of the judges who serve on that court are full-time judges.

         The Rules Governing Judicial Conduct prohibit a part-time judge from practicing law in the court in which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law. 22 NYCRR 100.6(B)(2); Opinions 87-18 (Vol. I); 90-10 (Vol. V); 90-82 (Vol. V); 92-35 (Vol. IX).

         In light of the fact that all of the judges of the court in which this part-time judge seeks to appear are full-time the Committee concludes that the inquiring part-time judge may ethically appear as 18-b counsel in the City Court mentioned in the inquiry.