June 5, 1995
This is in response to your letter of March 28, 1995, concerning the possible appointment by the Mayor of an attorney to the office of Acting Village Justice where the attorney is a law partner of another attorney who practices before the court as a part-time prosecutor. The Advisory Committee on Judicial Ethics considered this inquiry on April 27, 1995.
While this Committee cannot advise the Mayor as to mayoral appointments, we note that rule 100.5(f) of the Rules of the Chief Administrator would seem to make such an appointment futile. That rule, entitled “Practice of Law” related to the practice of law by part-time judges. In pertinent part, it states as follows:
No judge who is permitted to practice law shall permit his or her partner or associate to practice law in the court in which he or she is a judge. No judge who is permitted to practice law shall permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law.
Very truly yours,
Richard B. Lowe, III
On behalf of the Advisory Committee
cc: Hon. Samuel J. Silverman