Committee On Judicial Ethics

September 10, 2021 | New York Law Journal

May a full-time judge prepare an uncontested divorce package for a former client for whom the judge had previously prepared a separation agreement while in private practice?

By Committee on Judicial Ethics

2 minute read

September 09, 2021 | New York Law Journal

A judge who reported a government attorney to the grievance committee must disqualify in all cases involving that attorney while the disciplinary matter is pending and for two years thereafter.

By Committee on Judicial Ethics

4 minute read

September 08, 2021 | New York Law Journal

Among other requirements, remittal of a judge's disqualification requires on-the-record, individual and specific consent by all parties that have appeared and not defaulted. Where the purpose of the proceeding is to determine if a party has the capacity to make decisions on their own behalf, a judge who has a remittable conflict must disqualify without offering an opportunity for remittal unless the judge determines that the attorney has the legal standing to consent to remittal on behalf of the alleged incapacitated party.

By Committee on Judicial Ethics

4 minute read

September 07, 2021 | New York Law Journal

A part-time judge who is the secretary/treasurer of a not-for-profit volunteer fire company may also serve as the organization's point of contact to provide factual and financial information for its Federal Emergency Management Agency grant application.

By Committee on Judicial Ethics

5 minute read

September 01, 2021 | New York Law Journal

A part-time lawyer judge may serve as a non-partisan hearing officer for the state board of elections to conduct civil enforcement hearings.

By Committee on Judicial Ethics

4 minute read

August 31, 2021 | New York Law Journal

On these facts, a town justice in a town encompassing a village with its own court may not allow the town court clerk to simultaneously serve as clerk to the village police, where (a) the two courts share the same justices and courtroom and (b) the clerical staffs share the same telephone and service window, interact throughout the work day, and cover for each other.

By Committee on Judicial Ethics

5 minute read

August 31, 2021 | New York Law Journal

A judge who is being represented in an Article 78 proceeding in the judge's official capacity by private counsel under Public Officers Law § 17(2)(b) is disqualified, subject to remittal, in any matters involving the specific attorneys who are representing the judge for the duration of the representation.

By Committee on Judicial Ethics

5 minute read

August 30, 2021 | New York Law Journal

A judge who belongs to a judicial association (1) may participate in a vote on a resolution not to hold the association's conferences in certain locations, based on local laws affecting individuals with particular sexual orientations, gender identity, or gender expression; (2) need not resign from the association merely because the resolution passes; and (3) may serve on a prison committee for the association's local chapter, which provides support and assistance to women in prison as they prepare for their transition back into the community.

By Committee on Judicial Ethics

8 minute read

August 30, 2021 | New York Law Journal

May a judge serve on the board of a not-for-profit educational organization with a primary focus on educating first responders, parents and teachers on how to interact with individuals on the Autism Spectrum and/or their care givers in crisis situations?

By Committee on Judicial Ethics

2 minute read

August 27, 2021 | New York Law Journal

Where an attorney persists in sending emails to the court and opposing counsel concerning a case, despite a court order disqualifying the attorney from the representation due to an ethical conflict under the Rules of Professional Conduct, the judge must take appropriate action.

By Committee on Judicial Ethics

5 minute read