Opinion 13-150

January 27, 2014

Dear Judge:

         This responds to your inquiry (13-150) asking when other part-time lawyer judges who preside in other courts in the county in which you preside and when other members of your former law firm may practice before your co-judges once you are appointed a full-time city court judge in the same court where you are presently a part-time judge.

         Once you are appointed a full-time city court judge, you will be prohibited from practicing law (see 22 NYCRR 100.4[G]). Therefore, part-time lawyer judges who preside in other courts in the county where you preside will no longer be prohibited from appearing before you (see 22 NYCRR 100.4[G]; cf. 22 NYCRR 100.6[B][2]). The Rules Governing Judicial Conduct impose no waiting period before such appearances can occur.

         Similarly, once you sever your relationship with your law firm, there is no waiting period before members of your then former law firm may appear before your co-judges (cf. 22 NYCRR 100.6[B][3]). However, you may not preside in cases where members of your former law firm appear within two years after your association with the law firm ends (see Opinion 10-203[B], enclosed for your convenience).

Very truly yours,

                                       George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.