May 8, 2013
Dear Justice :
This responds to your inquiry (13-58) asking whether, as a part-time town justice, you may appear as counsel in a city court which is located in the same county as the town court over which you preside, when you have accepted temporary assignments to sit in the same city court.
A part-time justice/attorney may not personally appear in a matter in the same court in which he/she sits, even on a temporary basis, while the temporary assignment order is in effect (see 22 NYCRR 100.6[B]; Joint Opinion 08-220/08-222; Opinion 08-144). However, since your initial inquiry, you have indicated that you will not accept any further temporary assignments in the city court in which you wish to appear as counsel. Accordingly, you may appear as counsel in city court.
Enclosed, for your convenience, is Opinion 10-126 and Joint Opinion 08-220/08-222.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)