September 18, 1990
Digest: A part-time judge may commence a civil action in any court having jurisdiction over the claim.
Rule: 22 NYCRR Part 100
A part-time judge seeks to commence a civil action and asks whether a fellow judge in the same court may preside over the case.
This committee previously has stated that there is no prohibition against a judge bringing a lawsuit in any court having proper jurisdiction. The question of what action the presiding judge should take concerning the matter when the judge’s colleague appears as a party before the judge is one that only that judge may pose. (See Opinions 89-71; 90-11.)