Committee On Judicial Ethic

April 03, 2024 | New York Law Journal

A full-time judge may serve as a non-legal advisor on a stakeholders committee to advise the county on an assigned counsel program that will provide legal assistance to eligible litigants, where the program will not appear in litigation but instead will contract with private attorneys to undertake representation.

By Committee on Judicial Ethics

4 minute read

March 28, 2024 | New York Law Journal

A city court judge whose caseload may include criminal matters may attend meetings of local not-for-profit neighborhood/community groups as a guest speaker. At such meetings, the judge (1) should not speak about the root causes of violence and potential solutions through the lens of the judge's past and current professional experiences but (2) may otherwise discuss a variety of legal topics, including court procedures, the judge's professional career and judicial role, and governing law, subject to generally applicable limitations on judicial speech and conduct.

By Committee on Judicial Ethics

7 minute read

March 27, 2024 | New York Law Journal

A full-time judge may (1) serve as treasurer of their local American Legion post and (2) participate in a regional American Legion service committee which strives to help women veterans, subject to generally applicable limitations on judicial speech and conduct.

By Committee on Judicial Ethics

8 minute read

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