Opinion 93-43

April 29, 1993

Digest:         A part-time judge, who also is an attorney, may permit practice in his or her court by members and associates of a law firm to which a judge of another court in a different village is of counsel.

Rules:          22 NYCRR 100.5(f); Opinion 90-140, Vol. VI

Opinion:

         A part-time judge, who also is an attorney, inquires if it is permissible for members and associates of a law firm, one of whose members is also a judge of a different court within the same county, to practice law in the court of the inquiring judge.

         The Rule of the Chief Administrator of Courts, Section 100.5(f) (22 NYCRR) provides:

(f) Practice of Law. 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. He shall not participate in a judicial capacity in any matter in which he or she has represented any party or any witness in connection with that matter, and he or she shall not become engaged as an attorney in any court, in any matter in which he or she has participated in a judicial capacity. 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. No judge who is permitted to practice law shall permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law. A judge may permit the practice of law in his or her court by the partners or associates of a judge of a court in another town, village or city who is permitted to practice law.

         It is the opinion of this Committee that the members and associates of the other judge's firm may practice in the court of the inquiring judge (see last sentence of section 100.5[f] quoted above).

         However, the village judge who is counsel to the firm may not practice in the inquiring judge's court or any other court in the same county presided over by a judge who also is permitted to practice law (see first sentence of section 100.5[f] quoted above). See also, Opinion 90-140, Vol. VI.