Opinion 21-169

December 2, 2021

Digest:         The Committee does not answer hypothetical or speculative questions.

Rules:          Judiciary Law § 212(2)(l); Opinions 20-170; 17-37; 12-119.

Opinion:

         A town justice, who is also employed as a city’s director of finance and administration, asks if they may preside in criminal matters arising in the city during weekend hours, if the county establishes a centralized arraignment part. It is not yet known whether the county will establish a centralized arraignment part, or (if so) how it will be set up.

         The Committee answers questions from judges about their own conduct. It does not answer hypothetical or speculative questions (see e.g. Opinions 20-170; 17-37; 12-119; Judiciary Law § 212[2][l]). As this inquiry presents a purely hypothetical question at this time, we must decline to respond.

         We note the judge may write in for guidance if the situation is no longer purely hypothetical.