Opinion 95-04

January 19, 1995

Digest:         A part-time Family Court confidential law secretary may not be appointed Law Guardian in the Supreme Court or in other counties, without permission of the Chief Administrative Judge.

Rule:            22 NYCRR 36.1 - 36.5; Memorandum of Chief Administrative Judge, December 16, 1993.

Opinion:

         A Family Court judge asks whether there is a prohibition against a part-time Family Court confidential law secretary being assigned as law guardian in courts other than the Family Court in the county where the law secretary's position is located. The judge raises the question in light of a memorandum of December 16, 1993 of the Chief Administrative Judge which notes that full-time court employees have not been allowed to receive compensated appointments by judges pursuant to Part 36 of the Chief Judge's Rules and that the same policy should apply to part-time court employees.

         It is the view of the Committee that there must be compliance with the Chief Administrative Judge's directive of December 16, 1993. The fact that the Chief Judge's Rules have an exception for certain kinds of law guardians (but not all) does not necessarily affect the directive. If a judge seeks an exception or modification of the directive, the judge should apply to the Chief Administrative Judge.