May 4, 2017
This responds to your inquiry (17-45) asking whether you may continue to serve as County Attorney in the same county where you preside as a part-time town justice. The Committee has previously said that a part-time justice should not serve as a municipality’s corporation counsel because he/she would be the attorney of record in all matters involving the law office and would have supervisory authority over the assistant and deputy attorneys who had prosecutorial responsibilities. The fact that you would not be the attorney who actually appears in the courtroom does not change the outcome of this question, because all appearances by the County Attorney’s Office would be made in your name and the attorneys with prosecutorial responsibilities would be answerable to you.
Enclosed for your convenience are Opinions 15-205 and 15-09, which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Div., First Dep’t (Ret.)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court