Digest: Where a town justice serves as village attorney for a village which is wholly encompassed within the town where the justice presides, and the village retains a completely independent special prosecutor to handle all village court matters, the vast majority of which involve parking violations, the town justice may continue to serve as village attorney after the village court is abolished. However, the town justice may not preside in cases where the village is a party; if this results in frequent disqualifications, the justice must choose between the positions of town justice and village attorney.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(G); 100.6(B)(1)-(4); Opinions 21-01; 19-114; 07-60; 97-24.
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