Opinion 88-127

November 21, 1988

Dear Justice :

         This is in response to your letters of October 14 and October 17, 1988, in which you inquire whether, as a part-time village justice, you may prosecute cases as a village attorney in a county court presided over by a justice who is authorized to practice law.

         Section 100.5(f) of the Rules of the Chief Administrator [22 NYCRR] states that a judge who is permitted to practice law may not practice law “in any other court in the county in which his or her court is located which is presided over by a judge who is permitted to practice law.” This section makes no distinction between small and large counties, or whether the attorney-justice is engaged in the public or private practice of law. Accordingly, as you are a village justice, you may not prosecute cases in other courts in your county presided over by a judge who is permitted to practice law. Copies of Opinions 87-10, 87-18, 87-20 and 88-17(a) - 88-25, which discuss this situation, are attached.

                                                                     Very truly yours,

                                                                     Samuel J. Silverman