Opinion 09-82

May 19, 2009


Dear Justice :

         This responds to your inquiry (09-82) asking whether you may appoint a current Judicial Hearing Officer in the ______ County Family Court to a fiduciary position in matters in the same county’s Supreme Court. Please be advised that the Rules of the Chief Judge prohibit such fiduciary appointments as set forth in 22 NYCRR Part 36 in the same county wherein the JHO serves on a panel for such court (see 22 NYCRR §36.2[c][2]).

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair