June 7, 1990
Digest: A part-time judge may represent defendants before a full-time County Court judge in the county where the judge's court is located.
Rules: 22 NYCRR 100.5(f).
A part-time judge inquires whether he may represent criminal defendants in County Court in the same county where the judge presides.
Section 100.5(f) of the Rules of the Chief Administrator prohibits a part-time judge from practicing law “in any court in the county in which his or her court is located which is presided over by a judge who is permitted to practice law.” As County Court judges are full-time judges who are not permitted to practice law, the restriction contained in section 100.5(f) does not apply. Thus, the part-time judge may appear in that County Court. [See Opinion 88-135].