By Committee on Judicial Ethics | October 1, 2023
On these facts, a judge who is deciding a disqualification application as a matter of law has no additional ethical obligations under the Rules. (1) The fact that the judge's first-degree relative is employed by a non-party real estate company that does business with one party in the litigation does not require disqualification, where neither the judge's relative nor the relative's employer has any interests that could be substantially affected by the proceeding. (2) The judge has full discretion to determine whether or not the judge has received information indicating a substantial likelihood that an attorney has committed a substantial violation of the Rules of Professional Conduct and, if so, what action is appropriate
By Michael A. Mora | September 29, 2023
"He is facing far more serious criminal punishment if convicted of killing his father," said Andrew Berman, a partner at Young, Berman, Karpf & Karpf.
By Committee on Judicial Ethics | September 28, 2023
A full-time judge (1) may write and teach on legal topics such as no-fault insurance arbitration but (2) may not respond to private inquiries from no-fault insurance arbitrators on specific cases.
By Committee on Judicial Ethics | September 27, 2023
May an appointed associate village justice also serve as elected town justice for the town in which the village is located?
By Cheryl Miller | September 27, 2023
Testifying at the California State Bar Court trial of John Eastman, Yoo said it pained him to see friends get involved in meritless claims of fraud and "stolen" elections in 2020.
By Alex Anteau | September 27, 2023
"In more than 15 years of criminal defense practice across four states, I have never encountered this kind of attempt by a prosecutor to communicate with a represented person or to undermine the attorney-client relationship," defense counsel said.
By Committee on Judicial Ethics | September 26, 2023
A village justice who is a lawyer may represent the village mayor in providing legal advice and negotiations in the dissolution of the mayor's marriage.
By Committee on Judicial Ethics | September 25, 2023
Where a judge has been sued in the judge's former official capacity as a nonjudicial public official: (1) If the judge is being represented by the county attorney's office: (a) During the representation, the judge is disqualified, subject to remittal, from matters involving the specific county attorney who is undertaking the representation. (b) After the representation concludes, the judge may preside in matters involving that attorney, provided the judge can be fair and impartial. Disclosure of the former attorney/client relationship is discretionary. (c) Both during and after the representation, the judge has no obligation to disclose or recuse with respect to other county attorneys who have no involvement in representing the judge.
Daily Report Online | Commentary|Expert Opinion
By Shari L. Klevens and Alanna Clair | September 25, 2023
Here are some tips for navigating these areas where personal conflicts may arise.
By Committee on Judicial Ethics | September 24, 2023
When a town justice learns that the court clerk and the clerk's children served as paid witnesses for a local attorney's clients on a limited number of occasions, and have since stopped at the advice of the judge, must the judge take any further action with respect to the court clerk's conduct?
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