Opinion 89-65

May 25, 1989

Opinion:       Supreme Court Justice to appoint former partner as a fiduciary.

Digest:         In view of the lapse of 14 years since the justice was a law partner to the proposed appointee, there is no prohibition to the justice's appointment of the former partner as a fiduciary, but the justice should conform carefully to the requirements of Part 36 of the Rules of the Chief Judge.

Rules:          22 NYCRR Part 36; 22 NYCRR 100.3(b)(4)

Opinion:

         A Supreme Court justice who ascended the bench 14 years ago, and who 12 years ago received final fees for legal work performed prior to ascending the bench, asks whether it is permissible to appoint the justice's former law partner, who is a highly competent attorney, as a fiduciary.

         In view of the lapse of 14 years since the justice and the attorney were partners, and the lapse of 12 years since the justice was paid legal fees for partnership work done prior to ascending the bench, it is the Committee's view that it is permissible for the justice to appoint the former partner as a fiduciary without violating section 100.3(b)(4) or any other section of the Rules of Judicial Conduct, provided that the justice fully and in all respects complies with the requirements of Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36 - Appointment of Fiduciaries).