Opinion 08-217

December 17, 2008

Hon.

Dear Justice :

         This responds to your inquiry (08-217) in which you ask whether you are ineligible to receive a fiduciary appointment as either a Guardian ad Litem or as a Court Examiner, given your position as a voluntary Acting Village Justice. Please be advised that the Rules of the Chief Judge of the State of New York expressly prohibit such appointments (see 22 NYCRR §36.2[c][1]). The fact that you receive no compensation as a part-time justice does not, under the rule’s language, exempt you from disqualification.

Very truly yours,

George D. Marlow

Justice of the Supreme Court

Committee Chair