The Advisory 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 the Honorable Margaret Walsh, a justice of the Supreme Court.
Digest: A judge who is disqualified, subject to remittal, in all cases involving a particular law office may offer the parties and their counsel an opportunity to remit disqualification, but must not actively advocate for remittal. While a judge may expedite the remittal process by using a form that memorializes the basis for disqualification, the form must fully disclose all relevant facts and must permit the parties and their counsel to decide freely without the judge’s participation. Nor may the judge preside in any non-ministerial stage of a case involving that law office, unless the disqualification is properly remitted.
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