Opinion 19-02

March 8, 2019

Dear :

         This responds to your inquiry (19-02) asking if, as a part-time town justice, you may serve as attorney of record to other villages and towns inside and outside your county, and appear on their behalf in Supreme Court such as Article 78 proceedings, FOIL matters, and civil trespass. You have advised that you have no prosecutorial responsibilities.

          We have advised that a part-time lawyer judge may serve as a municipal attorney, provided that such employment is not incompatible with judicial office and does not interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B][4]). Among other restrictions, you (and your subordinates, if any) must not have any prosecutorial responsibilities (see Opinions 90-188;17-172) and you must not appear before another part-time lawyer judge presiding in the same county who is permitted to practice law (see 22 NYCRR 100.6[B][2]).

         As long as you adhere to the above-mentioned requirements, you may serve as attorney of record to village and towns inside and outside your county, and appear on their behalf in Supreme Court, provided you have no prosecutorial responsibilities.

         Enclosed for your convenience, are Opinions 17-172; 17-36; 14-28; 13-180; and 09-235, which address this issue.

                                                 Very truly yours,

                                                  George D. Marlow, Assoc Justice

                                                  Appellate Div., First Dept. (Ret)

                                                  Committee Co-Chair

                                                   Hon. Margaret T. Walsh

                                                   Supreme Court Justice

                                                   Committee Co-Chair

Enc.