Opinion 09-149

September 10, 2009

Note: To the extent the inquiring "acting city court judge" was temporarily assigned pursuant to section 107 of the Uniform City Court Act, the prohibition on the judge's partners and associates appearing in city court has been lifted through a rule change.  Please see Rule 100.6(B)(5) and Opinion 10-126, which overrules this opinion, in part, with respect to city court appearances by the partners and associates of a part-time judge who is temporarily assigned to the city court under UCCA 107.

Digest:         The partners and associates of a part-time village justice and acting city court judge may appear in the entirely separate and distinct town court of the town in which the village court is located, but not in the village court or city court in which the judge presides.

Rules:          22 NYCRR 100.2; 100.2(A); 100.4(G); 100.6(B)(1),(3); Joint Opinion 08-210/09-01; Opinions 09-135; 07-54.

Opinion:

         An attorney is a part-time village justice and an acting city court judge. He/she advises that the village court is located within a town and that the part-time town justices also practice law. The judge also advises that the village and town courts do not share court staff or facilities. The judge asks whether his/her partners, associates and other attorneys associated with his/her law firm may appear in the town court and city court.

         A judge must avoid impropriety and the appearance of impropriety in all the judge's activities (see 22 NYCRR 100.2) and must act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary (see 22 NYCRR 100.2[A]). A part-time judge is permitted to practice law (see 22 NYCRR 100.6[B][1]; 100.4[G]), subject to certain restrictions. In particular, a part-time judge who is permitted to practice law may not permit his/her partners or associates to practice law in the court where he/she presides (see 22 NYCRR 100.6[B][3]; Joint Opinion 08-210/09-01; see also Opinion 09-135 [noting proposed changes to the rule]). The judge's partners and associates may, however, practice law in another town, village or city court before a judge who is permitted to practice law (see 22 NYCRR 100.6[B][3]; Joint Opinion 08-210/09-01; Opinion 07-54).

         Therefore, the inquiring judge’s partners and associates and other attorneys associated with the judge’s law firm may not appear in the village court or the city court in which the judge presides (see 22 NYCRR 100.6[B][3]; Joint Opinion 08-210/09-01), but they may appear in the town court (see 22 NYCRR 100.6[B][3]; Joint Opinion 08-210/09-01; Opinion 07-54).