Opinion 95-25

January 19, 1995

Digest:         A part-time judge may not be appointed to a fiduciary position governed by Part 36 of the Rules of the Chief Judge.

Rule:            22 NYCRR 36.1

Opinion:

         A part-time judge points out that Section 36.1(b)(1) of the Rules of the Chief Judge bars relatives of judges from receiving court appointments as fiduciaries but says nothing about part-time judges receiving such appointments from other judges. Thus, the judge acknowledges that a relative of the judge could not be appointed, but asks whether that also means that the judge could not be appointed to a position covered by Part 36 of the Rules of the Chief Judge.

         The Committee is of the opinion that by inference the prohibition extends to part-time judges and, therefore, the inquirer is not eligible for court appointment to any position specified in Part 36 of the Rules of the Chief Judge that is prohibited to relatives of judges.