NYS Advisory Committee on Judicial Ethics — Part-time Judge: Opinion 12-171

NYS Advisory Committee on Judicial Ethics

Part-time Judge

Transfer Case — Part-time Judge/Lawyer

Opinion 12-171

Background: The inquiring judge asked whether he may request the transfer of a client’s case to another court in order to avoid the prohibition of a part-time judge practicing law in any court in the county in which his court is located before a judge who is permitted to practice law.
Opinion: The committee concluded that it is not permissible for a part-time judge to seek to transfer a matter already assigned to a lawyer-judge to another judge solely to allow a lawyer-judge to continue appearing in the case.