Committee On Judicial Ethic

July 06, 2023 | New York Law Journal

Where a judge knows their spouse retained counsel on a personal legal matter, and that attorney represents other clients before the judge: (1) During the representation, the judge is disqualified in matters involving that attorney, and must not preside unless the disqualification is properly remitted after full disclosure on the record. (2) Once the representation concludes and all fees are paid, and provided that the judge had no direct interest in the subject matter of their spouse's representation, for two years, the judge must fully disclose the former representation when the attorney appears, but may then preside as long as the judge can be fair and impartial. (3) After the two-year post-representation period, the judge has no further obligation to disclose or recuse.

By Committee on Judicial Ethics

5 minute read

July 05, 2023 | New York Law Journal

A judge may preside in matters involving the ex-spouse of the judge's fifth-degree relative. The judge's prior recusals, made during the relative's marriage, do not require recusal in all subsequent matters involving the same litigants.

By Committee on Judicial Ethics

6 minute read

July 04, 2023 | New York Law Journal

A town justice who is also a court clerk in family court may not preside over a justice court criminal case, where the defendant is also a party in a family court action involving similar allegations and the town justice previously heard allegations or testimony pertaining to that case in family court.

By Committee on Judicial Ethics

5 minute read

July 02, 2023 | New York Law Journal

(1) Where a judge's non-attorney child is employed as an assistant/"runner" with a law firm, the judge is disqualified, subject to remittal, whenever an attorney from the law firm appears in the judge's court. This obligation continues throughout the child's employment with the law firm. (2) The judge may not appoint attorneys from the law firm to fiduciary positions during the relative's employment with the law firm.

By Committee on Judicial Ethics

5 minute read

June 29, 2023 | New York Law Journal

A judicial candidate may not authorize a political party committee to solicit and accept campaign contributions on their behalf in lieu of forming a campaign committee.

By Committee on Judicial Ethics

5 minute read

June 27, 2023 | New York Law Journal

A part-time town justice may not maintain employment as an "asset protection specialist" for a large retail chain.

By Committee on Judicial Ethics

5 minute read

June 21, 2023 | New York Law Journal

A part-time town justice may serve as a per diem chaplain for the Department of Corrections and Community Supervision in another county, but must disqualify from any case involving an inmate to whom they rendered pastoral care or assistance.

By Committee on Judicial Ethics

3 minute read

June 20, 2023 | New York Law Journal

An Alternative Dispute Resolution Coordinator who holds a court attorney-referee title may not engage in political activity, even if they do not currently perform quasi-judicial functions.

By Committee on Judicial Ethics

5 minute read

June 15, 2023 | New York Law Journal

Provided the court attorney-referee can be fair and impartial, the referee is not disqualified from a small claims case merely because (1) both parties were once colleagues of the referee during the referee's former employment as an assistant district attorney and (2) the District Attorney's office interviewed the referee as a fact witness in an unrelated criminal investigation regarding one party.

By Committee on Judicial Ethics

5 minute read

June 14, 2023 | New York Law Journal

A judge may attend an annual fund-raising gala equally benefitting Citizens Union and Citizens Union Foundation, as a guest of the judge's partner.

By Committee on Judicial Ethics

5 minute read