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: Where a judge’s first-degree relative has retained litigation counsel and sued a hospital: (1) During the litigation, the judge (a) must make full disclosure when the hospital appears before him/her, but may thereafter preside as long as he/she can be fair and impartial and no party is appearing without counsel but (b) is disqualified, subject to remittal, in matters involving an attorney who is involved in representing the judge’s first-degree relative, either directly or in a supervisory capacity; (2) For two years after the matter terminates, the judge must make full disclosure when either the hospital or his/her relative’s former counsel appears before him/her, but may thereafter preside as long as he/she can be fair and impartial and no party is appearing without counsel; (3) After the two-year period, the judge may preside in matters involving his/her relative’s former litigation opponent and former counsel without disclosure, provided he/she can be fair and impartial.
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