Opinion 10-104

October 5, 2010

Hon.

Dear Justice:

         This responds to your inquiry (10-104) asking whether your law partner may prosecute traffic and code violations in a Village court located within the Town where you serve as town justice.

            The Rules Governing Judicial Conduct provide that a part-time judge who is permitted to practice law may not permit his/her partners or associates to practice law in the court where he/she presides, but they may practice law in another town or village court where a judge who is permitted to practice law presides (see 22 NYCRR 100.6[B][3]). Accordingly, your law partner may practice law in the Village Court.

         Enclosed, for your convenience, is Joint Opinion 08-210/09-01 and Opinion 87-10 which address this issue.

Very truly yours,

George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Encls.