Opinion 96-139

December 12,1996

Digest:         (1) A part-time judge may preside over cases that were pending in the District Attorney’s office during the judge’s prior service as an Assistant District Attorney if the judge had no direct involvement in the prosecution of those cases. (2) A part-time City Court judge may not permit his/her father, who is a member of the judge’s law firm, to practice law in the City Court.

Rules:          22 NYCRR 100.6(B)(3); Opinion 93-116.

Opinion:

         A part-time City Court Judge asks if it is proper to preside over cases that were pending in the District Attorney’s office during the judge’s prior service as an Assistant District Attorney if the judge had no direct involvement in the prosecution of those cases. The judge also asks if his/her father, who is a member of the judge’s law firm, may practice in the City Court before the Acting City Court Judge.

         The Committee is of the view that the judge may preside over cases that were pending in the District Attorney’s office during the judge’s prior service as an Assistant District Attorney if the judge had no direct involvement in the prosecution of those cases. See Opinion 93-116.

         As to the question of the judge’s father, attention is drawn to Section 100.6 (B)(3) of the Rules Governing Judicial Conduct, which states:

A part-time judge shall not permit his/her partners or associates to practice law in the court in which he or she is a judge, and shall not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law...22 NYCRR 100.6(B)(3).

         The situation posed by the inquirer falls squarely within the Rule. The judge’s father is not to be permitted to practice law in the City Court.