Opinion 09-14

February 19, 2009

Dear Justice :

         This responds to your inquiry (09-14) asking whether your firm may file a criminal complaint against a client who tendered a check in payment of a fee. The check was returned for insufficient funds within the jurisdiction where you preside.

         It is not ethically impermissible for you or a member of your firm to file a criminal complaint against a client in the court that has jurisdiction over the alleged offense. However, in such event, you are disqualified from presiding, and remittal is not available (see 22 NYCRR 100.3(E)(1)(b) (iii) and 100.3(F).

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair