Opinion 95-11

January 19, 1995

Digest:         A newly elected full-time judge should not rent the judge's former law office space to an attorney who will be appearing in the judge's court with some frequency, and in the event the judge rents such space to an attorney who appears very infrequently, the judge must disclose the relationship and may preside over the matter only upon the consent of all parties.

Rules:          22 NYCRR 100.5(c); 100.3(c)

Opinion:

         A newly elected full-time judge inquires whether the judge's former law office may be rented to an attorney who will be practicing in the judge's court.

         This question is answered in Opinion 91-108, which makes clear that if the attorney is likely to appear frequently before the judge, the wiser course would be to procure a different tenant, referring to Opinion 89-37, which questions the wisdom of a judge engaging in any business transaction with an attorney who is likely to appear in the judge's court.

         In the event the attorney appears in the judge's court infrequently the judge must disclose the relationship and may proceed only with the consent of all parties on the record.