Committee On Judicial Ethics

March 07, 2024 | New York Law Journal

A judge need not insulate their law clerk from a custody proceeding merely because their law clerk's third-degree relative has a child in common with one of the parties, where the law clerk has no familial connection to any of the parties, witnesses, or subject child in the present proceeding. If the judge chooses to make a disclosure, the judge retains full discretion to preside and permit the law clerk to participate in the matter, whether or not the parties object.

By Committee on Judicial Ethics

5 minute read

March 06, 2024 | New York Law Journal

An elected judge may make a charitable donation by check payable to a not-for-profit charitable organization in memory of the deceased relative of a district leader of a local political party, but may not send the contribution to the district leader for collection.

By Committee on Judicial Ethics

3 minute read

March 05, 2024 | New York Law Journal

Provided the judge concludes he/she can be fair and impartial, the judge need not disqualify from a case merely because (a) the complainant is a long-time professional acquaintance of the judge and (b) the defendant has attempted to contact the judge ex parte, accused the judge of corruption and bigotry, threatened the judge's career, and implicitly threatened the judge's family. However, the judge should disclose on the record the substance of any threats of violence by the defendant that were received ex parte.

By Committee on Judicial Ethics

7 minute read

March 04, 2024 | New York Law Journal

May a judge serve as the secretary-treasurer of a not-for-profit organization which owns and operates a cemetery for the descendants of Jewish immigrants? The position oversees investments, maintains a checking account, sends out meeting notices with the annual dues notice, and deposits all funds received. The organization does no fund-raising.

By Committee on Judicial Ethics

2 minute read

March 03, 2024 | New York Law Journal

(1) Where the judge's former law student intern has been hired by a local law firm as a summer associate, and that firm is now appearing before the judge on a case the former intern worked on during the internship, but has notified all parties that the former intern will be insulated from the case, the judge may preside in the case after making full disclosure of the relationship to all parties on the record. (2) The judge is not prohibited from speaking to the former intern on non-work matters during the pendency of the case.

By Committee on Judicial Ethics

5 minute read

February 29, 2024 | New York Law Journal

A support magistrate who previously served as the supervising attorney at the Department of Social Services may handle child support cases filed after the magistrate's departure from the agency, provided there is no substantial connection between the circumstances underlying the prior proceeding and the facts and legal issues presently before the magistrate. If such connection exists, disclosure or disqualification is required.

By Committee on Judicial Ethics

6 minute read

February 28, 2024 | New York Law Journal

On these facts, the judge is not required to disqualify from a contentious criminal case, notwithstanding the defense counsel's claims of bias, provided the judge determines they can be fair and impartial.

By Committee on Judicial Ethics

7 minute read

February 27, 2024 | New York Law Journal

A judge who is a candidate for election or re-election may publicly identify themselves as "pro choice" or "pro life" during the applicable window period, provided the judge also makes clear that they will decide all cases fairly and impartially and in accordance with governing law.

By Committee on Judicial Ethics

6 minute read

February 26, 2024 | New York Law Journal

A part-time judge may serve on a public hospital board, notwithstanding the board's statutorily delineated inspection, investigative, and reporting functions.

By Committee on Judicial Ethics

6 minute read

February 25, 2024 | New York Law Journal

A part-time town justice may not serve as counsel to the town planning board in the town where the judge sits.

By Committee on Judicial Ethics

5 minute read