Opinion 06-57

April 26, 2006

Digest:         A full-time judge may complete the ministerial function of executing an application for a certificate of deposit necessary to effectuate the results of a determination made by the judge while serving as a referee before the judge assumed the bench.

Rules:          22 NYCRR 100.4(G); Opinion 96-89 (Vol. XIV).

Opinion:

         Before becoming a full-time judge, the inquirer served as a referee in a foreclosure matter regarding the distribution of surplus monies. In order for the money to now be distributed, the inquiring judge is required to sign an application for a certificate of deposit in the judge’s former capacity as referee.

         This Committee has previously determined that it is permissible for a full-time judge to complete the ministerial function of executing a referee’s deed and related papers arising out of a determination that was made by the judge in his/her capacity as a referee prior to the time the judge assumed the bench. Opinion 96-89 (Vol. XIV). That is, the performance of that task, under the circumstances presented, did not constitute the practice of law. 22 NYCRR 100.4(G).

         The completion of this application for a certificate of deposit is, similarly, merely a necessary ministerial function arising out of the judge’s former service as a referee, and does not constitute the practice of law. Thus, the inquirer may execute the application for a certificate of deposit necessary to effectuate the results of a determination made by the judge while serving as a referee before the judge assumed the bench.