John Caher

June 09, 2014 | New York Law Journal

A lawyer may use the street address of a "virtual law office" as a "principal law office address" as contemplated in the New York Rules of Professional Conduct, the New York City Bar Association said in a new ethics opinion.

By John Caher

2 minute read

June 06, 2014 | New York Law Journal

A sex offender who waives his right to counsel at a civil confinement hearing must do so in a way that is "unequivocal, voluntary and intelligent," a unanimous appellate court has upheld in establishing a new standard.

By John Caher

5 minute read

June 06, 2014 | New York Law Journal

The fate of an Albany surrogate, the constitutionality of a cyber-bullying law and the power of the parole board to rescind a release decision captivated the Court of Appeals Thursday in a trio of unrelated oral arguments.

By John Caher

10 minute read

June 05, 2014 | New York Law Journal

A New York City police officer who was a passenger in a police vehicle rear-ended by a motorist can sustain a claim against the department, a Manhattan judge has held.

By John Caher

2 minute read

June 05, 2014 | New York Law Journal

A village justice in Rockland County who is suffering from medical issues has agreed to retire and put an end to a Commission on Judicial Conduct investigation into whether his condition has affected his fitness for the bench.

By John Caher

2 minute read

June 05, 2014 | New York Law Journal

A federal judge in Buffalo has declined to rule on whether the Telephone Consumer Protection Act applies to debt collectors or only traditional telemarketing operations.

By John Caher

2 minute read

June 04, 2014 | New York Law Journal

With a lengthy email trail, the judicial misconduct case against popular and well-regarded Brooklyn Supreme Court Justice Barry Kamins will be difficult to defend, observers say, and may leave only the question of whether the judge's foray into politics will end in a reprimand, his resignation or removal from office.

By John Caher

9 minute read

June 04, 2014 | New York Law Journal

Judges who wander into the thicket of politics risk their career if they get caught, but most transgressions result in a lesser sanction such as admonitions or censures by the Commission on Judicial Conduct, records show.

By John Caher

3 minute read

June 03, 2014 | New York Law Journal

Brooklyn Supreme Court Justice Barry Kamins has been relieved of all administrative duties pending a Commission on Judicial Conduct probe into allegations that he provided improper political and legal advice to then Brooklyn District Attorney Charles Hynes during Hynes' unsuccessful campaign last year.

By John Caher

2 minute read

June 03, 2014 | New York Law Journal

With strong language and a swipe at defense counsel, a judge in Manhattan refused to dismiss a sexual harassment claim filed by a woman who said her boss exposed himself to her, propositioned her and made her stand next to him while he urinated.

By John Caher

4 minute read