Opinion 89-70

May 25, 1989

Topic:          Attorney serving as village justice in a county where his law partner is a part-time assistant district attorney.

Digest:         There is no prohibition against a judge who is permitted to practice law from serving as village justice in a county where his law partner is a part-time assistant district attorney, but the partner may not practice law in the justice’s court.

Rules:          22 NYCRR 100.2, 100.5(f); Advisory Committee on Judicial Ethics, Opinion 89-09

Opinion:

         An attorney has been asked to serve as village justice in a county where his law partner is an assistant district attorney. We are advised that the district attorney’s office consists of a full-time district attorney and several assistants. Each of the assistants is assigned to serve in specific courts. Significantly, the inquirer’s law partner is not assigned to the village court where, if the attorney is appointed justice, the justice will be sitting. The Rules of the Chief Administrator of the Courts in pertinent part provide “...No judge who is permitted to practice law shall permit his or her partners or associates to practice law in the court in which he or she is a judge. ...” 22 NYCRR section 100.5(f). While no partner or associate of the justice may practice in the justice’s court, other attorneys in the district attorney’s office are not prohibited from appearing therein.

         Additionally, there is no impropriety or appearance of impropriety if attorneys in the district attorney’s office other than the justice’s partner prosecuted cases in the justice’s court. See 22NYCRR Section 100.2; Advisory Committee on Judicial Ethics Opinion 89-09.