Opinion 90-54

April 5, 1990

Digest:         A part-time judge, who is an attorney and a member of the county Magistrates' Association, and who conducts judicial training seminars for the Office of Court Administration, may appear as an attorney before non-lawyer judges who have attended the seminars and who are members of the same Magistrates' Association.

Rules:          22 NYCRR 100.5(f)

Opinion:

         A part-time judge, who is permitted to practice law, is a member of the county Magistrates’ Association of the county and has conducted judicial training seminars on behalf of the Office of Court Administration. The judge inquires whether it is appropriate to appear as an attorney before non-lawyer judges in the county who are members of the Magistrates’ Association or who have attended seminars given by the judge.

         Section 100.5(f) of the Rules of the Chief Administrator states that a judge who is permitted to practice law shall not practice law in his own court or “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.”

         Pursuant to this provision, the part-time judge properly may practice before other non-lawyer part-time judges in other courts in the county, even if they also are members of the Magistrates’ Association or have attended seminars taught by the inquiring judge.