Opinion 89-12

February 24, 1989

Topic:          A)      Whether the partners or associates of a part-time city court judge may practice law before a part-time judge in another court within the same county.

B)Would the response to the preceding question be the same if the city court judge’s daughter were a member of the same law firm?

C)May a part-time city court judge allow his name to be listed on the letterhead as counsel to the firm of which he is a member?

D)May the judge be present in the gallery of a courtroom, within the same county presided over by a part-time judge who is permitted to practice law, during a proceeding in which his firm is a member?

Digest:         Partners and associates, including an attorney-daughter of a part-time judge, may practice law before any other part-time judge of another village, town or city court within the same county. A part-time judge may allow his name to be listed on the letterhead of the firm to which he is counsel. A judge may not attend any proceedings involving his firm's clients in any court within his county which is presided over by a judge who is permitted to practice law, even if he sits in the spectator's gallery during the proceeding.

Rules:          22 NYCRR §100.2(a) and (c); and 100.5(f)

Opinion:

         A part-time judge is of counsel to a law firm of which his daughter is a member.

         A part-time judge may permit his law partners or associates to appear in another village, town or city within the same county, in other courts presided over by judges who are permitted to practice law, pursuant to the plain language of 22 NYCRR 100.5(f), regardless of whether the judge's daughter is an associate in the firm.

         The judge's name may appear on his firm's letterhead provided it in no way contains any reference to his part-time judicial position.

         Because his mere presence in the courtroom may give rise to an appearance of an impropriety, the attorney-judge must stay away from any courtroom within the same county, presided over by a part-time lawyer-judge, whenever a client of his firm is a party and attorneys from his firm are in appearance representing that party. 22 NYCRR §100.2(a) and (c).