Opinion: 97-09

January 23, 1997




Digest:  A recently appointed full-time judge may remain a shareholder of the professional corporation under which the judge practiced law solely for the purpose of winding up the affairs of the professional corporation, which the judge must dissolve as soon as is practicable after assuming judicial office.
 

Rules:  22 NYCRR 100.4(G);
             Opinion 94-18 (Vol. XII).
 
 

Opinion:

            A recently appointed full-time judge asks a series of questions concerning the closing down of the professional corporation under which the judge conducted a law practice. The judge asks if he/she may continue to seek collection of receivables for work completed prior to becoming a judge, pay the debts owed by the professional corporation, and whether there is any time frame for completing dissolution of the corporation after assuming judicial office.

            A full-time judge may not practice law. 22 NYCRR 100.4(G). However, the judge may remain a shareholder of the professional corporation under which he/she practiced law solely for the purpose of winding up its affairs. Opinion 94-18 (Vol. XII). The winding up of affairs would include the collection of fees earned and the payment of debts that accrued prior to the judge's appointment. There are no specific time limitations, but the judge must dissolve the corporation as soon as is practicable after commencing judicial office.