Judicial Ethics Opinion 16-177
The Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of…
August 02, 2017 at 09:36 PM
3 minute read
The Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by former associate justice George D. Marlow of the Appellate Division and Margaret Walsh, a Family Court judge and acting justice of the state Supreme Court.
Digest: (1) A part-time judge may volunteer with a departmental grievance committee's diversion program as a mentor/monitor for an attorney referred to substance abuse treatment. The judge must disqualify him/herself in matters involving the attorney while the relationship is ongoing and for two years thereafter. During this period, disqualification is not subject to remittal unless the attorney waives confidentiality.
(2) A part-time judge may volunteer with a bar association's lawyer assistance committee to encourage attorneys to participate in a 12-step recovery program or seek substance abuse counseling. Where the contacts are relatively minimal and occur exclusively in a group setting with other recovering attorneys, disqualification is not mandatory unless (a) the attorney asks the judge to recuse and/or (b) the judge doubts his/her ability to be fair and impartial. The judge must also advise the attorney that he/she will recuse on request, without explanation, if the attorney is uncomfortable with the judge presiding over a particular case as a result of the 12-step call.
Rules: Judiciary Law §§ 90(10); 499; 499(1); 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.3(B)(6); 100.3(E)(1); 100.4(A)(1)-(3); 100.4(B); 1240.11(a)-(c); 1240.18; Opinions 15-129; 13-10; 13-09/13- 52; 11-93; 08-183/08-202/09-112; 07-170; 04-31; 02-128; 00-15; 95-49; 90-201.
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