October 28, 1993
Digest: A full-time judge should not assist an attorney in preparing witnesses prior to their testifying before an international administrative tribunal.
Rules: 22 NYCRR §§100.2(c); 100.5; N.Y.S. Const., Art. 6, §20(b)(4)
A full-time judge inquires whether it is permissible to assist an attorney in preparing witnesses to testify concerning allegations of sexual harassment before an international administrative tribunal. The subject matter of the charges is not within the subject matter jurisdiction of the court in which the inquiring judge serves.
Article 6, section 20(b)(4) of the New York State Constitution prohibits a full-time judge of the court upon which the inquiring judge sits from practicing law. The activity of preparing a witness for examination and cross-examination in a matter pending before an international administrative tribunal, in the Committee's opinion, borders upon the practice of law and should not be engaged in by a full-time judge.