Opinion 97-131

December 29, 1997

Hon.

Dear

         This is in response to your inquiry (97-131) in which you seek the opinion of the Committee as to whether you may appoint a part-time Town Justice who is permitted to practice law as a guardian ad litem in Surrogate’s Court.

         The Committee has previously addressed the subject matter of your inquiry in Opinion 96-108 (Vol. XIV) which concluded that section 36.1 of the Rules of the Chief Judge (22 NYCRR 36.1) precludes a part-time judge from accepting a judicial appointment as a guardian, guardian ad litem or conservator, unless one of the exceptions specified in section 36.1 (e) is applicable.

                                                                     Very truly yours,

                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court

                                                                      Co-Chair

                                                                     George D. Marlow

                                                                     Dutchess County Court Judge

                                                                     Co-Chair

/lf