ETHICS OPINION 402-1951

NUMBER 402 APRIL 1951

Question. Is it proper for a lawyer who has been elected to judicial office to practice in the Court to which he has been elected, between the date of election and the date of his installation?

Answer. It is not improper for a lawyer who has been elected to judicial office to practice in the Court to which he has been elected, between the date of election and the date of his installation. (See Opinion 759, Association of the Bar of the City of New York.)

 

Until the elected judge has taken the oath of office required of him as a judge; as a member of the Bar, he is entitled to practice. He should hear in mind, however, that he is in a position of delicacy and must be scrupulously careful to avoid conduct in his practice whereby he utilizes or seems to utilize the judicial position to which he has been elected to further his professional success.