Opinion 96-40

June 13, 1996

Digest:         A part-time Town Court judge, permitted to practice law, may appear pro se in a small claims action to recover legal fees in a City Court located in the same county as the Town Court.

Rules:          22 NYCRR 100.6 (B)(2)

                    Opinion 90-11 (Vol. V)

Opinion:

         A part-time town justice, who is permitted to practice law, asks if it is permissible to appear pro se in a small claims action against a client for legal fees in a City Court located in the same county as the Town Court.

         The bringing of such an action would not violate the rule limiting the practice of law by part-time judges inasmuch as the judge is appearing pro se. (22 NYCRR 100.6(B)[2]). Further, in Opinion 90-11 (Vol. V), the Committee stated that a part-time judge may bring a pro se action in the small claims part of his/her own court before the other local judge. It therefore follows that a pro se action could be brought by a part-time judge in a different court.