May 30, 2007
This letter responds to your inquiry about whether you may accompany, and act as parental representative for, your minor child to a hearing of the Transit Adjudication Bureau. The hearing concerns a summons he/she received for allegedly violating 21 NYCRR 1050.7(j) regarding occupying subway seats.
The Committee has in the past concluded that, according to section 100.4(E)(1) of the Rules Governing Judicial Conduct, a full-time judge may act as an attorney-in-fact- for a family member, so long as there is no attorney-client relationship. 22 NYCRR 100.4(E)(1). The Committee has also said that a full-time judge may appear with his/her parent at a Medicare hearing as the parent’s authorized representative. Based on these precedents, it is also ethically permissible for you to accompany your minor child to a hearing of the Transit Adjudication Bureau concerning a summons he/she received for allegedly violating 21 NYCRR 1050.7(j) concerning occupying subway seats, and act as his/her parental representative.
We enclose Opinions 03-125 and 99-114 which address these issues.