Opinion 88-135

December 8, 1988

Topic:          Part-time judge’s appearance as an attorney before a County Court judge.

Digest:        A judge who is permitted to practice law may appear before a County Court judge in the same county in which his court is located.

Rules:          22 NYCRR 100.5(f)

Opinion:

         A part-time town justice who is permitted to practice law inquires whether he may appear as an attorney before a full-time County Court judge in the county where the town justice sits.

         Section 100.5(f) of the Rules of the Chief Administrator provides:

A judge who is permitted to practice law shall, nevertheless, not practice law in the court in which he or she is a judge, whether elected or appointed, nor shall a judge practice law in any other court in the county in which his or her court is located which is presided over by a judge who is permitted to practice law.

         As County Court judges are not permitted to practice law, the town justice may appear as an attorney in that court, despite the fact that the County Court is the first level appellate court for actions commencing in the local courts within the county.