October 28, 1993
Digest: A town justice may accept an appointment as a law guardian pursuant to the Family Court Act.
Rules: 22 NYCRR §36.1(b)(1) and (e)(3)(i)
A town justice inquires whether it is appropriate to accept an assignment by the Family Court to act as a law guardian. The appointment would be made from the law guardian list.
Section 36.1(b)(1) of the Rules of the Chief Judge provides that no person shall be appointed as a guardian, guardian ad litem, conservator, committee of an incompetent or receiver, who is a relative of, or related by marriage to, a judge. In prior opinions, this Committee determined that this section applies, a fortiori to a judge himself or herself.
However, section 36.1(e)(1)(i) provides an exemption from this prohibition, for the appointment of a law guardian pursuant to section 243 of the Family Court Act.
Accordingly, there is no prohibition against the inquiring justice accepting the proposed appointment.