Committee On Judicial Ethic

January 14, 2024 | New York Law Journal

(1) A judge who formerly served as the town attorney is not disqualified from presiding in matters handled by a lawyer who previously served on the town board during the judge's tenure as town attorney, even if the lawyer plans to, or does, call the judge as a witness and/or seek the judge's emails and records concerning events that took place during that period. Rather, the judge may preside as long as the judge concludes they can be fair and impartial. (2) Where the lawyer also claims the existence of "extreme animosity" between them and the judge, recusal is not warranted where the judge has conducted the relevant interpersonal analysis and has determined that the judge can be fair and impartial.

By Committee on Judicial Ethics

6 minute read

January 11, 2024 | New York Law Journal

A town justice may accept an invitation from the town board to attend a town board meeting and address questions "for public information" concerning the court's procedures and limitations with respect to the collection of fees and court security, to help explain and clarify the court's role in these matters. The judge may not comment on any pending or impending cases and should be careful not to cast doubt on their integrity, impartiality, and independence in adjudicating matters that could result in revenue for the town.

By Committee on Judicial Ethics

5 minute read

January 10, 2024 | New York Law Journal

Where a judge's spouse is the Corporation Counsel and thus the head of the agency and/or attorney of record for the office: (1) In general, the judge must disqualify from any case involving the Corporation Counsel's office. However, this disqualification may be subject to remittal after full disclosure on the record, provided the judge's spouse remains permanently absent from the courtroom.

By Committee on Judicial Ethics

5 minute read

January 09, 2024 | New York Law Journal

Where a judge was represented by private counsel in a hybrid Article 78 proceeding that has since concluded, must the judge continue to disclose or disqualify in matters involving the judge's private attorneys and/or other members of their law firm?

By Committee on Judicial Ethics

2 minute read

January 08, 2024 | New York Law Journal

(1) For two years after the representation is completely terminated and all fees are paid, a judge is disqualified, subject to remittal, from all matters in which an attorney who personally represented the judge appears before the judge, and the judge must disclose the former representation when other attorneys from the same law firm appear before the judge.

By Committee on Judicial Ethics

7 minute read

January 07, 2024 | New York Law Journal

A judicial candidate may appear in joint campaign advertisements only with candidates who make up the slate of which the judicial candidate is a part. Candidates are on the same slate if they (a) have been endorsed by the same political party and/or (b) will appear on the same political party's ballot line.

By Committee on Judicial Ethics

6 minute read

January 04, 2024 | New York Law Journal

A part-time town justice may serve as a Nurse Clinic Manager for a county correctional facility in the same county, but must disqualify from any matter involving an inmate for whom the judge personally reviewed the inmate's medical file or otherwise personally participated in the inmate's care, either directly or as a supervisor.

By Committee on Judicial Ethics

4 minute read

January 03, 2024 | New York Law Journal

A judge need not take any further action after being inadvertently exposed to a list of campaign contributors and should not investigate whether a prospective appointee was a campaign contributor.

By Committee on Judicial Ethics

5 minute read

January 02, 2024 | New York Law Journal

A judge is not disqualified from presiding over an Article 78 proceeding to compel a police department to disclose certain disciplinary records merely because the judge's spouse, now fully retired, was formerly a high-ranking police official in another county.

By Committee on Judicial Ethics

4 minute read

December 26, 2023 | New York Law Journal

A quasi-judicial official whose significant other is a businessperson may take part in gifts and benefits provided by various businesses as their significant other's guest, where (1) the significant other and the business donors do not have, and are unlikely to have in the future, interests that are likely to come before the referee and (2) the receipt of such gifts would not create the impression that such businesses are in a special position to influence the referee.

By Committee on Judicial Ethics

4 minute read