Opinion 90-71

June 7, 1990

Digest:         A part-time judge may practice law in any courts in counties other than the county in which the judge's court is located.

Rules:          22 NYCRR 100.5(f).

Opinion:

         A part-time judge who is an attorney, inquires whether it would be permissible to accept assignments to represent indigent clients in a county adjoining the county in which the judge's court is located.

         The judge may accept any such assignments, in civil or criminal matters, which involve appearances in counties other than the county in which the judge's court is located. Section 100.5(f) of the Rules of Judicial Conduct, which relates to the practice of law by part-time judges, provides:

A judge who is permitted to practice law shall, nevertheless, not practice law in the court in which he or she is a judge, whether elected or appointed, nor shall a judge 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.

         It is the Committee's view that where a provision of the Rules of Judicial Conduct specifies expressly what conduct is prohibited, whatever conduct is not prohibited by the provision is permitted. Accordingly, a part-time judge, who is permitted to practice law, may practice before any court in any county of the State other than the county in which his or her court is located.