May 24, 2012
This responds to your inquiry (12-77) asking whether you may serve as assigned counsel for the county court in the same county in which you serve as town justice.
The Rules Governing Judicial Conduct do not prohibit a lawyer/judge from practicing before a full-time judge (see 22 NYCRR 100.6[B]).
Enclosed, for your convenience, are Opinions 08-132 and 04-40 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)