Opinion 23-97

Short-Form Opinion

September 7, 2023

Question:    Must a part-time town justice, who is also a full-time law clerk to a county court judge in the same county, be insulated in county court from all cases that he/she arraigned in the centralized arraignment part?

Discussion:  The inquiring justice may conduct arraignments in the centralized arraignment part, and must thereafter be insulated as a law clerk from (a) cases he/she arraigned in the centralized arraignment part and (b) cases originating in or appealed from the town court; but need not otherwise be insulated as a law clerk from other cases merely because they were arraigned in the centralized arraignment part by a justice of another town or village court.

The insulation and the basis for it must be disclosed on the record to all parties and their counsel.

Enclosed:    Opinions 19-71; 16-162.