May 9, 2013
This responds to your inquiry (12-171) asking whether you may request the transfer of a client’s case to another court in order to avoid the prohibition set forth in 22 NYCRR 100.6(B)(2) (part-time judge shall not practice law in any court in the county in which his/her court is located before a judge who is permitted to practice law).
The Committee has previously advised that it is not permissible for a part-time judge to seek to transfer a matter already assigned to a lawyer-judge to another judge or for a presiding or administrative judge to transfer a case to another judge solely to allow a lawyer-judge to continue appearing in the case.
Enclosed, for your convenience, are Opinions 08-132 and 02-87 (overruled in part by Opinion 08-132) which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)