November 3, 2004
This is in response to your inquiry (04-92) in which you raise the question of whether your law firm may sue on behalf of a police officer injured in a high speed chase by a driver who, as a result of the incident was arrested on felony charges and was arraigned before you.
The Committee in Opinion 94-88 stated that a part-time judge may not participate as an attorney in a civil action which is based upon acts committed by a criminal defendant whose case had been presided over by the judge, nor may the judge share in the fee earned by the judge’s law firm in such representation of the plaintiff. We enclose a copy of Opinion 94-88 for your guidance. See, also Judiciary Law §17.