Opinion 96-99

September 5, 1996

Digest:         A part-time town justice who is a practicing attorney may appear before a full-time City Court judge but may not practice before a part-time City Court judge, in the county where the judge’s court is located.

Rules:          22 NYCRR 100.4 (G); 100.6 (B)(2).

Opinion:

         A part-time town justice who is a practicing attorney inquires whether he/she may practice law in a City Court in his/her county which is currently presided over by part-time City Court judges but which will, after January 1, 1997, be presided over by one full-time and one part-time City Court judge.

         The Rules Governing Judicial Conduct prohibit a part-time lawyer-judge from practicing law in any other court in the county in which his/her court is located, before a judge who is permitted to practice law. 22 NYCRR 100.6(B)(2). Beginning January 1, 1997, the newly-selected full-time City Court judge will be prohibited from practicing law. 22 NYCRR 100.4 (G).

         Therefore, the part-time town justice may appear in the City Court commencing January 1, 1997, only if the full-time judge is presiding. The inquirer may not appear in the City Court prior to January 1, 1997,or after January 1, 1997 when the part-time City Court judge is presiding.