NYS Advisory Committee on Judicial Ethics – Part-time Judge – Same Office Building as Prosecutor
Background: The inquiring part-time judge states that he rents office space in the same building as the local prosecutor whose cases constitute approximately one-third of the judge’s overall judicial caseload. Moreover, the judge was previously an associate in the attorney’s former law firm for one year, although that employment ended more than a decade ago. The two maintain separate law offices, supplies, staff, telephone numbers, etc.
Opinion: The committee concluded that a judge may preside in matters involving a local prosecutor who maintains office space in the same building as the judge, where neither of them owns the building, they are not associated in the practice of law, and they have no landlord/tenant or other business relationship.