Opinion 95-167

January 25, 1996

Digest:         A part-time judge (1) may serve on the Character and Fitness Committee of the Appellate Division; (2) may serve as a Family Court law guardian if permitted under section 36.1 of the Rules of the Chief Judge.

Rule:            22 NYCRR 36.1

Opinion:

         A newly-elected part-time city court judge asks whether(1) continued service on the Character and Fitness Committee of the Appellate Division is permissible and (2) he/she may continue to serve on the county Family Court law guardian panel.

         The Committee sees no barrier to continued service on the Character and Fitness Committee. As to serving as a Family Court law guardian, the propriety of such appointments are governed by section 36.1 of the Rules of the Chief Judge. Subdivision (b)(1) of the Rule bars service as an appointed guardian or guardian ad litem. However, subdivision (e)(1) of the Rule states that such prohibition does not apply to "appointments of law guardians pursuant to section 243 of the Family Court Act... "