Committee On Judicial Ethics

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

November 26, 2023 | New York Law Journal

A judge need not disclose or disqualify from a case merely because a party's high-level employee, who will be present in the courtroom, also (1) was previously a client of the judge more than two years ago and (2) is married to a public official who was recently on the same slate as the judge and publicly endorsed the judge.

By Committee on Judicial Ethics

4 minute read

November 23, 2023 | New York Law Journal

A full-time judge may not request that federal and state legislators protect the power grids from electromagnetic nuclear attack, as this does not relate to the improvement of the law, the legal system, or the administration of justice, and does not involve an identified cognizable personal interest. Further, issues generated by the legislation the judge seeks could be controversial or political.

By Committee on Judicial Ethics

6 minute read

November 21, 2023 | New York Law Journal

Where the inquiring judge's current law clerk was previously the longtime law clerk to another judge, who is now "of counsel" to a law firm but will work exclusively with one attorney and never appear in court: (1) The judge need not disqualify or disclose when the law firm colleagues of the ex-judge appear. (2) Whether the judge must insulate the law clerk from cases involving other attorneys from that firm is fact-specific, and depends on the nature of the relationship between the law clerk and the attorney who appears.

By Committee on Judicial Ethics

6 minute read

November 20, 2023 | New York Law Journal

A part-time town justice may serve as a part-time assistant conflict defender in the county in which the judge's court is located.

By Committee on Judicial Ethics

6 minute read

November 19, 2023 | New York Law Journal

A judge need not disqualify merely because an attorney in the case shares office space with the judge's attorney sibling, where the attorneys maintain separate and independent law practices and do not share support staff or letterhead or otherwise hold themselves out as associated in the practice of law.

By Committee on Judicial Ethics

6 minute read