Committee On Judicial Ethic

December 10, 2023 | New York Law Journal

A family court judge may enter into a memorandum of understanding with an agency that provides a "safe haven" facility for free supervised visitation and safe exchange of children, where the agreement sets forth a general expectation that (1) the court will continue to make referrals as needed in appropriate cases and (2) the judge and court staff will participate in giving and/or attending appropriate domestic violence training along with a wide variety of other signatories. As the agreement does not purport to mandate specific training programs, the judge must exercise discretion and participate only when doing so will not create an appearance of impropriety or raise reasonable questions about the judge's impartiality.

By Committee on Judicial Ethics

6 minute read

December 07, 2023 | New York Law Journal

(1) A judge who is concerned about violations of property maintenance regulations in the judge's neighborhood may publicly express the judge's personal views as a private citizen whose personal interests are affected by the lack of zoning enforcement, including at a public meeting of the city council or in a letter to the editor. (2) On these facts, the judge may also draw on the judge's prior experiences as a city prosecutor and a city court judge to propound suggestions to the mayor and city council about how the local court could address these quality-of-life issues, but should not refer to the judge's present judicial status in doing so.

By Committee on Judicial Ethics

6 minute read

December 06, 2023 | New York Law Journal

(1) A full-time judge who learns that a law firm's website advertises its experience appearing before particular judges, and hosts individual biographical pages for those judges on its own website in a format that combines the judges' information with the solicitation of business, must request in writing that the firm take down these biographical pages and remove the associated links. (2) On these facts, reporting is not mandated; any exercise of the judge's disciplinary functions is left to the judge's sole discretion.

By Committee on Judicial Ethics

7 minute read

December 05, 2023 | New York Law Journal

A judge who concludes there is a substantial likelihood that an attorney sought to compromise a criminal prosecution for personal financial gain must report that attorney to the grievance committee.

By Committee on Judicial Ethics

4 minute read

December 04, 2023 | New York Law Journal

May a full-time judge volunteer in a mock trial program and teach an extracurricular law class for students at a not-for-profit private high school?

By Committee on Judicial Ethics

2 minute read

December 03, 2023 | New York Law Journal

Although a judge must respect and comply with the law, the Advisory Committee on Judicial Ethics cannot resolve legal or administrative questions and declines to comment on past conduct, hypothetical conduct, or the conduct of third parties.

By Committee on Judicial Ethics

3 minute read

November 30, 2023 | New York Law Journal

(1) On these facts, a judge who has first-hand knowledge of an attorney's insistence on undertaking a particular representation, notwithstanding the judge's prior warnings about a clear conflict of interest, must take "appropriate action." (2) Where the attorney's conduct does not rise to such an egregious level that it seriously calls into question the attorney's honesty, trustworthiness or fitness as a lawyer, the judge has full discretion to determine what action is "appropriate" under the circumstances.

By Committee on Judicial Ethics

4 minute read

November 29, 2023 | New York Law Journal

(1) On the facts presented, a town justice may acquiesce in the town supervisor's proposed changing of locks to the court offices, pursuant to a town resolution and town policy. (2) If, as events unfold, the judge finds that the town supervisor abuses their access to court areas, otherwise interferes with court operations, or undermines judicial independence, the judge should report any such actions to an appropriate supervising or administrative judge.

By Committee on Judicial Ethics

4 minute read

November 28, 2023 | New York Law Journal

(1) On the facts presented, it is necessary to amend the proposed form to make clear that any disposition of the matter by way of a plea is subject to court approval. (2) Once that change is made, there is no ethical impropriety in the proposed simplified form that would neutrally inform defendant motorists who have mailed in "not guilty" pleas on alleged Vehicle and Traffic Law violations of all their options (including the right to retain an attorney; to continue to plead not guilty and have a trial; to plead guilty and waive the right to trial; and the possibility of communicating directly with the prosecutor to negotiate a mutually acceptable disposition subject to the court's approval).

By Committee on Judicial Ethics

10 minute read

November 27, 2023 | New York Law Journal

Will the Committee reconsider Opinion 22-131, based on the provided details of specific assignments as family court chief clerk/court clerk and town justice in the same county? Is there a time limit on the insulation and disqualification obligations set forth in Opinion 22-131?

By Committee on Judicial Ethics

3 minute read