Committee On Judicial Ethics

December 21, 2022 | New York Law Journal

Where a judge's ex-spouse is a law enforcement officer who issued the accusatory instrument for a Vehicle and Traffic Law charge, but any financial obligations between the judge and their ex-spouse have been discharged, the judge (1) must disclose the former marital relationship but (2) may thereafter preside, provided the judge can be fair and impartial. This disclosure obligation does not expire.

By Committee on Judicial Ethics

4 minute read

December 20, 2022 | New York Law Journal

A full-time judge may participate in a group, organized by the Governor's office and the Department of Motor Vehicles, that will propose simpler verbiage and more logical organization for the Vehicle and Traffic Law, where the membership is balanced with subject matter experts from relevant state agencies, non-profits, prosecutors, and defense counsel.

By Committee on Judicial Ethics

6 minute read

December 19, 2022 | New York Law Journal

Where a judge's sibling is the Police Chief of a municipality, the judge is ordinarily disqualified from all matters involving that police department, including matters where the judge concludes the agency or its personnel have been or will likely be involved. However, the disqualification is subject to remittal if the judge's sibling is unlikely to personally appear in the courtroom and remains permanently absent.

By Committee on Judicial Ethics

7 minute read

December 18, 2022 | New York Law Journal

A new full-time judge may submit vouchers for legal fees earned for work performed as assigned counsel prior to assuming the bench.

By Committee on Judicial Ethics

3 minute read

December 15, 2022 | New York Law Journal

Where a judge believes an attorney may be engaging in unprofessional and/or unethical conduct that is causing unnecessary delays and disruption to court proceedings, but lacks substantial first-hand knowledge of the alleged misconduct, the judge is not required to take any action, but may do so in the judge's discretion.

By Committee on Judicial Ethics

5 minute read

December 14, 2022 | New York Law Journal

A judge must object in writing to use of their name on a flyer announcing a not-for-profit civic organization's fund-raiser and advise the organization to remove or omit the judge's name from any further fund-raising announcements or invitations. Once the judge has done so, the judge may attend the event and, on these facts, be recognized as one of multiple inductees during the induction ceremony. The judge may make charitable contributions to the organization, including by purchasing a table for friends and family to attend the event.

By Committee on Judicial Ethics

6 minute read

December 12, 2022 | New York Law Journal

A judge may preside in litigation involving a large national retail chain, notwithstanding that the judge's non-lawyer relative has an entry-level management position at one retail store in this chain, unless the judge's relative is personally involved in the matter.

By Committee on Judicial Ethics

5 minute read

December 11, 2022 | New York Law Journal

May a judge rule on a cross-motion for sanctions, where the basis for sanctions is counsel's filing of a frivolous motion for the judge's recusal based on misleading and false allegations about the judge's conduct, which counsel also repeated in a complaint to the Commission on Judicial Conduct?

By Committee on Judicial Ethics

2 minute read

December 08, 2022 | New York Law Journal

A judge in a problem-solving court may not write a letter at the request of a criminal defendant or their counsel attesting to the importance of the defendant's court-related employment. Where the court coordinator is employed by a not-for-profit entity, the judge should not take any position on whether the court coordinator may write such a letter.

By Committee on Judicial Ethics

4 minute read

December 07, 2022 | New York Law Journal

A judge may not perform in a rock band's annual benefit concert, even if the judge's name and judicial status will be omitted from advertisements. The judge may not sell concert tickets to friends, but may sell to family members.

By Committee on Judicial Ethics

6 minute read