Monika Kozak

October 09, 2024 | New York Law Journal

Where a full-time judge's former client has contacted the judge to complain about the successor attorney, the judge may suggest the former client retain new counsel, but should not otherwise provide legal advice or assistance.

By Committee on Judicial Ethics

2 minute read

October 08, 2024 | New York Law Journal

(1) A judge who receives reliable information indicating a substantial likelihood that his/her co-judge has used a seemingly unaffiliated attorney to represent clients on certain cases that originated in their court, and arranged for those cases to be assigned to himself/herself, must report the co-judge to the Commission on Judicial Conduct. (2) If the judge further concludes, based on the information already known to him/her, that this seemingly unaffiliated attorney is an associate of the co-judge or is otherwise undertaking eviction work on behalf of the co-judge, the inquiring judge cannot accept eviction papers filed by that attorney. (3) The judge should consider whether he/she has received information indicating a substantial likelihood that the seemingly unaffiliated attorney has committed a substantial violation of the Rules of Professional Conduct; if so, the judge must take appropriate action.

By Committee on Judicial Ethics

8 minute read

October 07, 2024 | New York Law Journal

(1) A judge has no ethical duty to investigate allegations from the court attorney's former romantic partner about the court attorney's conduct before working for the judge. (2) Where the court attorney has admitted certain allegations which, in the judge's view, constitute substantial professional misconduct, the judge must take appropriate action. (3) With respect to other allegations of a more personal and private nature, the judge need not take any action unless the judge concludes he/she has received information indicating a substantial likelihood that the attorney has committed a substantial violation of Rules of Professional Conduct. (4) On these facts, the judge has no ethical obligation to report the court attorney to the grievance committee or terminate the court attorney's employment.

By Committee on Judicial Ethics

10 minute read

October 03, 2024 | New York Law Journal

Where a Lieutenant in the sheriff's office serves on the town board: (1) a town justice is ordinarily disqualified, subject to remittal, in matters involving the Lieutenant and any deputy sheriffs under that Lieutenant's supervision; but (2) the judge need not disqualify if he/she is satisfied that a town board resolution or other legal requirement prohibits the Lieutenant from voting or participating in deliberations on any town court matters.

By Committee on Judicial Ethics

5 minute read

October 02, 2024 | New York Law Journal

A full-time judge may not perform as a volunteer pianist during a charitable fund-raiser.

By Committee on Judicial Ethics

3 minute read

October 02, 2024 | New York Law Journal

A judge is not ethically required to investigate alleged misconduct.

By Committee on Judicial Ethics

4 minute read

October 01, 2024 | New York Law Journal

A judge may accept an unsolicited offer from family members and close personal friends to pay for the judge's induction ceremony, where these donors are individuals who are unlikely to come before the judge and whose appearance or interest in a case would in any event require the judge's disqualification.

By Committee on Judicial Ethics

3 minute read

September 30, 2024 | New York Law Journal

A full-time judge may serve on a Department of Criminal Justice Services advisory board that will make recommendations about distributing federal funds, provided that (1) the advisory board's membership is balanced and (2) the judge's involvement is limited to reviewing and making recommendations on distributing funds to the courts, and not to law enforcement organizations.

By Committee on Judicial Ethics

6 minute read

September 26, 2024 | New York Law Journal

A part-time judge may maintain outside employment as an investigator for the Department of Social Services, where the judge's responsibilities are limited to collecting information for applicants seeking public assistance.

By Committee on Judicial Ethics

3 minute read

September 25, 2024 | New York Law Journal

There is no ethical rule prohibiting a successor judge from reviewing and approving a voucher for services rendered by a court-appointed attorney, merely because those services occurred while the case was pending before a predecessor judge.

By Committee on Judicial Ethics

4 minute read