Opinion 22-18


March 7, 2022



Dear : 


         This responds to your inquiry (22-18) asking if you may complete the Part 36 assignments you received as a receiver and referee before assuming the bench, even though you may not accept any new Part 36 assignments.


         We have said that a part-time attorney judge may continue to represent clients, by assignment, pursuant to 22 NYCRR 36.1(a)(1), provided the assignment took place before the judge assumed the bench (see Opinions 19-125; 03-70). We explained that the judge need not complete the representation within one year, where the appointment is a continuing one and the representation does not conflict or interfere with proper performance of the judge’s duties or involve appearances before a part-time attorney judge in the same county (see Opinion 19-125).


         Therefore, you may complete your Part 36 assignments that you were assigned prior to assuming the bench, and, subject to the above limitations, such assignments need not be completed within one year.


         Enclosed for your convenience are Opinions 19-125; 03-70 which address this issue.


                                                 Very truly yours,



                                                Margaret T. Walsh

                                                 Supreme Court Justice

                                                 Committee Co-Chair


                                                 Lillian Wan

                                                 Supreme Court Justice

                                                 Committee Co-Chair