March 9, 1995
Digest: A part-time judge who performed a marriage ceremony may act as the attorney for one of the parties in a subsequent divorce action against the other, where the divorce action is based on facts occurring after and unrelated to the marriage ceremony.
Rule: 22 NYCRR 100.2; 100.6(b)(2)
A part-time judge who performed a marriage ceremony two months earlier inquires whether the judge may serve as the attorney for one of the parties in a subsequent action to terminate that marriage based on facts unrelated to and occurring after the marriage ceremony.
The issue is whether a part-time judge's performance of a wedding ceremony falls within the proscription set forth in Rule 100.6(b)(2) governing the practice of law by part-time judges.
To the extent here relevant that section provides that:
A judge who is permitted to practice law, shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto;
The Committee is of the opinion that under the circumstances described, Rule 100.6(b)(2) would not be violated, since the marriage ceremony itself and its performance by the judge are unrelated to the divorce action.