Opinion 97-131

December 29, 1997



         This is in response to your inquiry (97-131) in which you seek the opinion of the Committee as to whether you may appoint a part-time Town Justice who is permitted to practice law as a guardian ad litem in Surrogate’s Court.

         The Committee has previously addressed the subject matter of your inquiry in Opinion 96-108 (Vol. XIV) which concluded that section 36.1 of the Rules of the Chief Judge (22 NYCRR 36.1) precludes a part-time judge from accepting a judicial appointment as a guardian, guardian ad litem or conservator, unless one of the exceptions specified in section 36.1 (e) is applicable.

                                                                     Very truly yours,


                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court



                                                                     George D. Marlow

                                                                     Dutchess County Court Judge