Committee On Judicial Ethic

March 26, 2024 | New York Law Journal

Must a part-time attorney judge disqualify in matters involving a prosecutor whose spouse is a partner in the judge's own law firm?

By Committee on Judicial Ethics

2 minute read

March 25, 2024 | New York Law Journal

A judge is not disqualified from presiding in a wrongful death and civil rights action arising out of an incident in a county facility, merely because the underlying events occurred while the judge was a county legislator who voted on the county budget. Under the circumstances, disclosure is entirely discretionary.

By Committee on Judicial Ethics

5 minute read

March 24, 2024 | New York Law Journal

(1) A full-time judge who is, along with their siblings, a beneficiary of their parent's estate may (a) assist the sibling who is serving as executor in selecting an attorney for the estate; (b) review documents relating to the estate and the probate proceedings; (c) discuss the estate and the proceedings with the other sibling beneficiaries; and (d) provide free legal advice to their siblings, including the executor, regarding the estate and the proceedings. However, the judge may not represent their siblings or the estate, nor participate in meetings with estate counsel.

By Committee on Judicial Ethics

5 minute read

March 21, 2024 | New York Law Journal

Where a court attorney-referee initially declines to consider an ex parte application from an attorney asking the referee to issue an order nunc pro tunc to rectify the attorney's failure to timely file documents, and then denies the same application when made by motion on notice to all parties, the referee need not take any action unless the referee determines that the attorney's actions constitute a "substantial violation" of the Rules of Professional Conduct. If so, the referee also has full discretion to determine what action is "appropriate" under the circumstances.

By Committee on Judicial Ethics

8 minute read

March 20, 2024 | New York Law Journal

Must a full-time judge disclose or disqualify in matters involving the city police department where the judge's spouse is employed as a police officer with no supervisory responsibilities? What are the judge's obligations in the event the judge's spouse is promoted to a supervisory position?

By Committee on Judicial Ethics

2 minute read

March 19, 2024 | New York Law Journal

A judge may host an informal event at the courthouse, with light refreshments, to thank and recognize the not-for-profit entities that participate in the court's community service program by permitting defendants to satisfy their community service requirements as part of a negotiated sentence.

By Committee on Judicial Ethics

4 minute read

March 18, 2024 | New York Law Journal

Where a court-sponsored committee on racial equality in the courts has been directed to interact with the local community and develop projects that highlight local history, judges on the committee may publicly support an effort to rename a local geographic feature that currently bears a racially offensive name, but must not assume a leadership role in the effort or use judicial or court resources to file the name change application with federal authorities.

By Committee on Judicial Ethics

8 minute read

March 17, 2024 | New York Law Journal

After a judge's adult child has been convicted and sentenced, a judge may attend and participate in the child's subsequent parole hearing, provided they do so in the obvious role of a parent and without reference to their judicial status or otherwise invoking the prestige of judicial office.

By Committee on Judicial Ethics

7 minute read

March 14, 2024 | New York Law Journal

A judge may not host an event at their home for a federal legislator to discuss national issues with interested community leaders, colleagues, friends, and neighbors.

By Committee on Judicial Ethics

4 minute read

March 13, 2024 | New York Law Journal

(1) Where the town court clerk is involved in litigation against their relatives in another court, a town justice need not disclose or disqualify in matters involving the court clerk's attorney and the relatives' attorney, but must insulate the court clerk from such matters. (2) The insulation must continue until the representation completely ends, including payment of outstanding legal fees.

By Committee on Judicial Ethics

6 minute read