Ethics Opinion 357

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION
Committee on Professional Ethics

Opinion #357- 09/10/1974 (31-74)

Topic: Practice of law by part­time assistant to judge
Digest: Lawyer who is part­time assistant to county court judge, may practice in Federal Court in same county
Code: Canon 2; EC 2-25

QUESTION

May an attorney, who is a part­time confidential law assistant to a county judge, participate in the appointed defense counsel program of the Federal District Court which sits in the county where the county judge sits?

OPINION

A lawyer who is a part­time confidential law assistant to a county judge may properly practice law, unless barred by statute or court rule, in a Federal Court. Participation in an appointed defense counsel program is laudatory and should be encouraged. Canon 2, EC 2-25. Even though the lawyer has such a relationship with a state court judge, it is not improper for the lawyer to participate in such a program in a Federal Court, but cf. N.Y. State 361 (1974).

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