Ethics Opinion 263

Ethics Opinion 263

9.15.1972

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION

Committee on Professional Ethics

Opinion #263 – 09/15/1972 (48-72)

Topic: Private practice by Temporary Acting Judge
Digest: Temporary Acting Judge with criminal jurisdiction should not engage in private criminal practice
Code: Canon 9; EC 9-2; 9-6; Code of Judicial Conduct: Canon 2

QUESTION

May a lawyer who is appointed Temporary Acting Judge to preside during the absence or disability of a judge of a court having criminal jurisdiction, represent clients in criminal matters before the same court or other courts when not discharging his duties as judge?

OPINION

It has frequently been declared that a part-time judge with criminal jurisdiction may not represent clients in criminal matters in his private practice. N.Y. State 228 (1972); N.Y. State 203 (1971); N.Y. State 181 (1971); N.Y. State 146 (1970). See Canon 9; EC 9-2, 9-6; Code of Judicial Conduct, Canon 2. A Temporary Acting Judge with criminal jurisdiction is subject to the same restrictions while he is in office for the same reasons set forth in the above cited opinions.