September 27, 1991
The Committee on Judicial Ethics, at its meeting of September 12, 1991, considered your inquiry as to whether attorneys who regularly represent the town may represent private clients in the town court, and whether Opinion 88-52, Vol. V, still represents the views of this Committee.
Opinion 88-52, which states that a village justice need not disqualify himself or herself in matters where the village attorney appears, even though they are both employees of the village, still represents the Committee’s view. However, attention is called to the decision of Lanza v. Roth, Sup. Ct., County of Onondaga, Feb. 22, 1991, a copy of which is enclosed. If there is an appeal, this Committee may review the issue again in light of the law as declared by the appellate court.
Very truly yours,
Samuel J. Silverman