Opinion 97-136

December 18,1997

Dear

         This is in response to your inquiry (97-136) in which you seek the views of the Committee as to whether cases in which your law partner has been retained to represent persons in your court, may be transferred to another court. You acknowledge that it would be improper for you to seek to have a matter transferred to a different Town Court so that you might be retained in that matter.

         The position of the Committee has been that there is no basis for distinguishing between the two situations. Just as neither you nor your partner may practice in the Town Court where you serve, neither of you may seek to have matters transferred to a different Town Court so as to enable representation by the firm, yourself or your partner.

                                                                     Very truly yours,

                                                                     George D. Marlow

                                                                     Dutchess County Court Judge

                                                                     Co-Chair

                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court

Co-Chair