Opinion 93-85

September 14, 1993

Digest:         An acting city court judge may not accept appointment by a justice or surrogate of the judge's judicial district as a guardian ad litem.

Rule:            22 NYCRR §36.1(b)(1)

Opinion:

         An acting city court judge asks whether he or she may accept appointment by a justice or surrogate of the judge's judicial district as a guardian ad litem.

         Section 36.1(b)(1) of the Rules of the Chief Judge (22 NYCRR 36.1[b][1]) provides that "[n]o person shall be appointed [as a guardian ad litem] who is a relation of, or related by marriage to, a judge of the Unified Court System of the State of New York;" a fortiori, the judge himself or herself.

         In the opinion of this Committee that the inquiring Judge may not accept appointment as a guardian ad litem.