April 7, 2011
This responds to your inquiry (11-13) asking whether the Town/Village Attorney who also serves as the special prosecutor for traffic violations in the Town/Village Court may appear before you when he/she represents private clients.
Based on the neutral facts provided in your inquiry, there would be no reasonable basis upon which to question your impartiality when the Town/Village Attorney appears before you as a private attorney. Under these circumstances, there would be no need to disqualify yourself.
Enclosed, for your convenience, is Opinion 88-52 which addresses this issue.