Opinion 90-199

January 24, 1991

Digest:         A part-time judge who practices law may appear before a part-time judge who has officially retired from the practice of law.

Rules:          22 NYCRR §100.5(f); 22 NYCRR §118.1(a) and (g).

Opinion:

         A part-time judge inquires whether a judge who practices law may appear before another part-time judge in a local court who is an attorney but who has retired from the practice of law.

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

A judge who is permitted to practice law shall, nevertheless, not 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.

The purpose of this rule is to prevent the possibility that judges who also practice law might swap favors in the cases that each handles as an attorney in the local courts.

         A judge who is retired from the practice of law as defined by Section 118.1(g) of the Rules of the Chief Administrator, "does not practice law in any respect and does not intend ever to engage in acts that constitute the practice of law." An attorney who certifies that he or she is retired must file a biennial registration statement with the Chief Administrator of the Courts so long as the attorney remains admitted to the New York State bar, (22 NYCRR §118.1(a)), but is not required to pay the registration fee (22 NYCRR §118.1(g)).

         Consequently, a part-time judge who is permitted to practice law may appear in another court in the county in which his or her court is located which is presided over by a part-time judge who is officially registered as retired from the practice of law, as there is no possibility of favor-swapping between retired-attorney/judges and other attorney/judges.