Opinion 23-04

February 2, 2023

Question:         May a part-time attorney judge practice before a full-time court attorney referee in Family Court?

Discussion:       A part-time attorney judge may not ordinarily appear before another part-time attorney judge in the same county (22 NYCRR 100.6[B][2]), but may do so if that judge is a full-time employee of the Unified Court System and presides in a different court, as full-time Unified Court System employees are prohibited from engaging in the private practice of law (see 22 NYCRR 50.6[a]). Thus, we have said that a part-time attorney judge may appear before a part-time lawyer judge of other courts in the same county who is employed full-time as a court attorney (Opinion 21-132). The inquiring part-time attorney judge may therefore practice before a full-time court attorney referee in Family Court.

Enclosed:         Opinions 21-132; 10-73/10-100/10-167.