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: A judge is disqualified, subject to remittal, when a law student who appears before him/her pursuant to a student practice order is directly supervised by an attorney with whom the judge maintains a close personal relationship.

Rules: Judiciary Law §§ 14; 478(3); 484(2); 22 NYCRR 100.2; 100.2(A); 100.2(B); 100.3(E)(1); 100.3(F); 805.5(b); Opinions 17-13; 16-130; 16-114; 15-45; 14-90; 13-59; 12-85(B); 11-125.

Opinion: A judge maintains friendships with two professors who teach in a law school clinic that assigns students to work with a legal services organization on cases that may come before the judge. One professor has a “close personal relationship” with the judge, warranting disqualification (Opinion 11-125). The judge considers the other more of a professional mentor, but they also have a “close social relationship” (see id. [requiring disclosure]). In cases involving the clinic, the legal services organization is the attorney of record, but the law students “appear on the record” pursuant to a student practice order, and “typically do most of the required work out of court.” The clinic itself “operates like a law firm, with open lines of communication between both professors, who become knowledgeable about all cases handled by the [c]linic…, offering ideas and assistance to each other and their students as necessary.” Thus, the professors are directly and personally involved in each representation, albeit primarily behind the scenes. The judge asks about his/her obligations if a law student is involved in a case before the judge per the clinic's student practice order.