Can a municipal court judge share in the criminal-case fees earned by a law partner or associate who practices in counties other than where the judge sits?

Plain-English summary

The inquirer asked whether an associate of a municipal court judge may ethically share with the judge the fees the associate generates in criminal matters. The Committee noted at the outset that a municipal court judge cannot practice criminal law anywhere in the State (R. 1:15-1(b)), and that while any partner or associate of such a judge may practice criminal law, that practice is barred in the county where the judge sits (R. 1:15-4).

The Committee held that, although the partner or associate may practice criminal law with that exception, the judge may not share in the fees generated from that practice. It explained that permitting the sharing of such fees would nullify the whole purpose of the rule, because the arrangement could lead to the belief that the associate's association with the judge, and the judge's relationships with other judges hearing criminal matters, might give the associate some advantage. The Committee identified this as the same conduct it had found impermissible in Opinion 359, 99 N.J.L.J. 1153 (1976), where a municipal judge could not share in fees earned by an associate or partner in criminal cases, and it reaffirmed that holding.

Currency note

This opinion was issued in 1985, before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and any changes to the cited court rules may affect the analysis. Subsequent rule amendments or later opinions may have changed it. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a municipal judge's associate practice criminal law at all?

A: Yes, outside the county where the judge sits. The opinion noted that a partner or associate may practice criminal law except in that county, per R. 1:15-4.

Q: Can the municipal judge share in those criminal-case fees?

A: No. The opinion held the judge may not share in fees generated from the associate's criminal practice, because it would nullify the purpose of the rule barring the judge from criminal practice.

Q: Why is fee-sharing the problem rather than the practice itself?

A: The opinion reasoned that sharing fees could create a belief that the associate gains an advantage from the judge's relationships with other judges hearing criminal matters, undermining the rule's purpose.

Background and rules framework

The opinion applies New Jersey's court rules governing municipal judges and their firms, R. 1:15-1(b) (a municipal judge may not practice criminal law anywhere in the State) and R. 1:15-4 (a partner or associate may practice criminal law except in the judge's county), to a proposed fee-sharing arrangement. It reaffirms Opinion 359, which had reached the same conclusion.

Citations and references

Court rules:

• R. 1:15-1(b) (municipal judge may not practice criminal law)
• R. 1:15-4 (partner or associate may practice criminal law except in the judge's county)

Other opinions cited:

• ACPE Opinion 359, 99 N.J.L.J. 1153 (1976) (municipal judge may not share in an associate's criminal-case fees)

See also

• NJ ACPE Op. 563: Municipal Prosecutor's Firm Representing the Judge and Taking Referrals
• NJ ACPE Op. 602: Partner of a Municipal Judge Processing Forfeiture Actions
• NJ ACPE Op. 629: Municipal Court Judge Sharing a Fee After Withdrawal

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp559-1.html
• Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls.

115 N.J.L.J. 614, May 23, 1985

OPINION 559

Associate of Municipal Court Judge Sharing Fees in Criminal Matters Handled in Counties Other Than where the Judge Sits

The inquirer requests an opinion as to whether an associate of a municipal court judge can ethically share with the judge fees which are generated by the associate in criminal matters. The judge, of course, cannot practice criminal law anywhere in the State. R. 1:15-l(b). Any partner or associate of such a judge may practice criminal law but not in the county where the judge sits. R. 1:15-4.

The associate or partner of the municipal judge may practice criminal law with the exception noted above, but the judge may not share in the fees generated from this practice.

We said in Opinion 359, 99 N.J.L.J. 1153 (1976), that where a lawyer was an associate or partner of a municipal judge, the latter could not share in fees earned by the former in criminal cases.

To permit the sharing of such fees would nullify the whole purpose of the Rule. Such conduct could easily lead to the belief that, while the associate is practicing criminal law outside of the county in which the judge sits, nevertheless, his association with the judge and the latter's relationship with other judges hearing criminal court matters might give some advantage to the judge's partner or associate.

This is the type of conduct which we found to be impermissible in Opinion 359, and we reaffirm our holding there.