Opinion 91-154

Digest:         A judge, who formerly was an assistant district attorney, may preside over vehicle and traffic violations and driving while intoxicated cases, provided the judge was not involved in the cases before going on the bench.

Rules:          22 NYCRR §100.2

Opinion:

         A recently appointed part-time judge, who formerly was an assistant district attorney, asks whether it is appropriate to preside over vehicle and traffic and drunk driving cases, where the arrest occurred while the judge was still an assistant district attorney or within two weeks after his resignation as assistant district attorney.

         Nothing in the rules prohibits the judge from presiding over such cases if the judge was not involved in the cases as prosecutor or otherwise before going on the bench, provided, of course, that the judge does not doubt that he or she can be impartial.