November 17, 2006
This is in response to your inquiry (06-136) as to the propriety of a practicing attorney appearing in the town court when the attorney is also a member of the Town Board.
In Joint Opinion 88-17(b)/88-34 (Vol. II), this Committee advised that a town justice should not preside over any case in which an attorney representing a party is also a member of the Town Board and thus participates in setting the justice’s salary.
We enclose a copy of Joint Opinion 88-17(b)/88-34 for your consideration.