Opinion 05-111

October 27, 2005

Digest:         A part-time town justice may not share in any fee paid to the justice’s law partner or associate as the result of a fiduciary appointment governed by Part 36 of the rules of the Chief Judge.

Rules:          22 NYCRR Part 36; 36.2(c)(1); 100.2; 100.6(B); Opinions 04-138; 03-49; 94-32(Vol. XII).

Opinion:

         A part-time town justice asks whether his or her law partners and associates may accept appointment to fiduciary positions governed by Part 36 of the Rules of the Chief Judge when, pursuant to a partnership agreement, the justice will share in all fees generated by such appointments.

         A part-time town justice who also is an attorney may engage in the practice of law. 22 NYCRR 100.6(B). However, he or she is precluded by section 36.2(c)(1) of the Rules of the Chief Judge from being appointed to such fiduciary positions as guardians, guardians ad litem, referees, etc. Opinions 04-138; 03-49. While this Committee cannot address the eligibility of the town justice’s law partners and associates for appointment to fiduciary positions governed by Part 36 of the Rules of the Chief Judge, if the justice’s law partners or associates are so appointed the justice may not share in any fee paid as the result of such appointment. 22 NYCRR 100.2; see Opinion 94-32 (Vol. XII).