Opinion 19-23

March 28, 2019

Dear :

         This responds to your inquiry (18-187) asking whether, as of January 1, 2019, your part-time co-judge’s former partners or associates may appear before you, a full-time city court judge. You indicate that the professional relationship between your co-judge and his/her law firm ended as of December 31, 2018.

         While your co-judge is disqualified from presiding over cases handled by his/her former law partners or associates for a period of two years after the professional relationship has ended, this disqualification does not apply to you. This Committee has previously advised that there is no bar to attorneys from a judge’s former law firm appearing before a co-judge. Therefore, since your co-judge has severed his/her relationship with the firm, its lawyers may appear before you.

Enclosed, for your convenience, are Opinions 09-48 (Question 7); 06-91 and 99-72 (Digest #2) which address this issue.

                                       Very truly yours,

                                       George D. Marlow, Assoc. Justice (Ret.)                                                           Appellate Div., First Dep’t

                                       Committee Co-Chair

                                       Hon. Margaret T. Walsh

                                       Justice, Supreme Court

                                       Committee Co-Chair

Encls.