Opinion 88-45

April 11, 1988

Topic:          Appearance before part-time justice by partners or associates of a part-time co-justice who is awaiting admission to the bar.

Digest:         Partners or associates of part-time justice may not practice law before co- justice.

Rule:            22 NYCRR 100.5(f)

Opinion:

         A part-time justice inquiries whether he can hear cases in which a member of his co-justice's law firm appears.

         Section 100.5(f) of the Rules of the Chief Administrator of the Courts provides in relevant part as follows:

No judge who is permitted to practice law shall permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law. A judge may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law.

         The Committee concludes that partners or associates of a part-time justice may not practice law in that justice's court, but may do so in a court of another town, village or city presided over by a judge who is permitted to practice law. This applies even if the co-justice has not yet been admitted to the bar. An associate who is employed by a part-time judge may not practice in his employer’s court or in any other court in the same county which is presided over by a judge who is permitted to practice law.

         This Opinion is advisory only and is not binding upon either the Office of Court Administration or the Commission on Judicial Conduct.