Opinion 25-90
June 26, 2025
Digest: A part-time judge may permit attorneys from the law firm where his/her non-attorney co-judge is employed as an assistant/paralegal to appear in court before him/her.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.4(G); 100.6(B)(1), (3); Opinions 20-123; 09-03; 94-108; People v Moreno, 70 NY2d 403 (1987).
Opinion:
The inquiring part-time judge asks if attorneys from the law firm where his/her non-attorney co-judge is employed as an assistant/paralegal are permitted to appear in court before him/her. If so, the judge further asks if he/she is “permitted to handle the matter.”
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). Unlike a full-time judge, a part-time lawyer judge may practice law (see generally 22 NYCRR 100.4[G]; 100.6[B][1]). However, a part-time judge must “not permit the practice of law in his or her court by the law partners or associates of another judge of the same court who is permitted to practice law” (22 NYCRR 100.6[B][3]). In addition, a judge must disqualify in a proceeding in which the judge’s impartiality “might reasonably be questioned” (22 NYCRR 100.3[E][1]).
By its plain terms, this clause of Section 100.6(B)(3) only applies when a part-time judge’s co-judge is “permitted to practice law.” In Opinion 94-108, we advised that although a part-time town judge who is employed as a paralegal could not preside in cases in which his/her law firm appeared, such cases may be heard by the other town judge who was not affiliated with the law firm.
For completeness, we note that non-attorney part-time judges who perform services “that a lawyer traditionally performs” are “subject to the same restrictions that apply to a lawyer judge, both with respect to appearing before other lawyer judges who preside in other courts in the same county where the inquiring judge presides and as a presiding judge” (Opinion 09-03). However, this does not change the result here. In Opinion 09-03 we advised that, assuming it is ethical for a non-attorney judge to perform legal services for clients pursuant to a power of attorney, the judge is barred from appearing before other lawyer judges who preside in other courts in the same county (see id.). Here, there is nothing to suggest that the inquirer’s co-judge, a paralegal, will be making any court appearances or otherwise performing services that a lawyer traditionally performs. Nor are we considering a question from the inquirer’s non-attorney co-judge about his/her obligations if he/she drafts a brief on behalf of a particular law firm client in another court (cf. Opinion 20-123).[1]
In our view, the judge’s impartiality also cannot “reasonably be questioned” in a particular matter merely because the law firm employs his/her non-attorney co-judge as an assistant/paralegal (22 NYCRR 100.3[E][1]). Accordingly, the inquiring judge need not disqualify on that basis unless he/she doubts his/her own ability to be fair and impartial, a matter left to the judge’s sole discretion (cf. People v Moreno, 70 NY2d 403, 405 [1987]).
Accordingly, in the absence of any information indicating that the non-attorney co-judge is performing services that a lawyer traditionally performs, we conclude that the inquiring judge may permit attorneys from the law firm where his/her non-attorney co-judge is employed as an assistant/paralegal to appear in court before him/her.
[1] Given that briefs must be signed by attorneys, we assume the inquiring judge would not know if his/her non-attorney co-judge had any involvement in the drafting process.