Opinion 24-198

February 6, 2025

Facts/Issue:   A part-time lawyer judge, who currently presides in a town court, asks if he/she may also serve as a part-time city judge in an adjoining city court.  The municipalities and their courts are entirely separate, and the inquirer does not have any cases pending in the city court.

Discussion:     A part-time town justice may accept an appointment to sit as a part-time city court judge, subject to certain limitations.^[1]  As the judge and his/her partners and associates will no longer be able to practice before the city court, the judge must withdraw from any matters pending before the city court and decline any further assignments there (see 22 NYCRR 100.6[B][2]-[3]; Judiciary Law §§ 16; 471). 

Conclusion:    A part-time town justice may accept an appointment to serve as a part-time city court judge, provided the judge has no cases pending in the city court.

Authorities:   Opinion 97-87.

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[1] By contrast, a full-time city court judge may not hold a part-time judicial position (see e.g. Opinions 07-101; 03-130).