Opinion 10-82

June 10, 2010

Digest:         A part-time lawyer judge may have a brief conversation with a friend and/or client who calls the judge during an arrest and suggest that the friend and/or client contact another attorney when the judge knows that he/she cannot represent the friend/client because the resulting case would likely be filed in the judge’s court.

Rules:          22 NYCRR 100.2; 100.2(A); 100.6(B)(1); 100.6(B)(2); 100.4(G).

Opinion:

         A part-time lawyer judge asks whether it is permissible to have a brief conversation with a friend and/or client who calls the judge during an arrest when the judge knows that he/she cannot represent the friend/client because the resulting case would likely be filed in the judge’s court. The judge advises that he/she would tell the caller that the judge cannot represent him and to contact another attorney.

         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 independence of the judiciary (see 22 NYCRR 100.2[A]). A part-time lawyer judge is permitted to practice law (see 22 NYCRR 100.6[B][1]; 100.4[G]), but may not do so in the court on which the judge serves (see 22 NYCRR 100.6[B][2]).

         In the Committee’s view, the conduct the inquiring judge describes is permissible. At the time of an arrest, a case is not yet pending in any court and, in any event, advising a caller to contact an attorney does not constitute the practice of law or any other ethical impropriety.