Judicial Reports: The Moral Compass: Partner On the Bench?

Posted 11-17-06

My law partner is thinking of running for the position of Town Justice in the spring.  How will this affect my practice?  I have alot of matters before the same court where my partner would sit.  My partner plans on continuing to practice law, so will remain my law partner as well as a part-time Town Justice.
 
If your law partner runs and is elected to the position of Town Justice, this may complicate matters somewhat, for your practice.  A part-time judge may continue to practice law, subject to the Rules Governing Judicial Conduct.  Because of the possible appearance of impropriety, and because of the requirement that the judge remain absolutely impartial and unbiased as to matters and parties that appear before him or her, however, he or she would not be able to hear any case that you (or any other partner in your firm, if there are other partners) bring in front of the court where your law partner sits as Town Justice.  Ethics opinions suggest that law partners of a Town Justice cannot appear in that judge's court at all, even before another Justice.  Those attorneys will not be allowed to practice in their law partner/Town Justice's court, at all: period. Even if your partner were to resign from the firm when he or she is elected as Town Justice, the requirement for disclosure and recusal would stay in place for two years.
 
If a large part of your practice involves cases before the Town Court, you may wish to alert your law partner of the issues that will arise for your practice should he or she be elected to serve as Town Justice.

Posted by Dirk on November 17, 2006 01:57 AM to Judicial Reports