Opinion 26-47

March 26, 2026

Facts/Issue:    May a full-time judge represent him/herself in a local court to dispute a parking ticket?  If so, should the judge identify him/herself to the prosecutor or judge as “an attorney”?

Discussion:     The Rules Governing Judicial Conduct do not preclude a judge from exercising the same rights as other citizens when appearing as a litigant.  Even a full-time judge, who may not practice law, is permitted to “act pro se” (22 NYCRR 100.4[G]).

                      A judge who is a litigant should not, however, invoke or volunteer his/her judicial title or otherwise lend the prestige of judicial office to advance the issues to be addressed in resolving the ticket.  On the facts presented, because the inquiring full-time judge’s status as a non-practicing attorney is not relevant to the matter’s disposition and could lead to inquiries about the judge’s employment, the judge should refrain from volunteering that he/she is an attorney.

Conclusion:    A full-time judge may appear in local court pro se to challenge a parking ticket, but must not invoke his/her judicial title and should not volunteer the information that he/she is an attorney.

Authorities:    Opinions 12-96; 12-41; 09-12; 06-145.