Opinion 25-04(B)

February 6, 2025

Facts/Issue:   A new full-time judge asks if he/she may use his/her existing prior New York State Courts Electronic Filing (NYSCEF) login to upload “final accounts” for guardianships he/she previously handled as an attorney and file an affirmation of service as “an attorney duly licensed to practice law in the State of New York.”

Discussion:     While full-time judges may not practice law (see 22 NYCRR 100.4[G]), they may engage in a variety of ministerial activities designed to wind down their prior law practice.  In our view, a new judge may use their pre-existing attorney NYSCEF credentials to submit a final account and provide an affirmation of service.^[1]

Conclusion:    A new full-time judge may use his/her attorney NYSCEF credentials to file final accounts for the judge’s prior guardianships and file affirmations of service for such accounts.

Authorities:   Opinions 21-13; 18-22; 01-78.

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[1] While an attorney who assumes full-time judicial office must not practice law and may be deemed “retired” from the practice of law for certain purposes (see 22 NYCRR 118.1[g]), this clearly does not constitute disbarment.