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: (1) A judge who files a disciplinary complaint against the District Attorney based on a prosecutorial policy that affects all local courts in the county is disqualified while the disciplinary proceeding is pending, and for two years after it is resolved, in any case where the District Attorney personally appears. Remittal is not available during this period unless the grievance committee imposes public discipline, or the District Attorney waives confidentiality. (2) The judge may nonetheless preside in cases where assistant district attorneys of the same office appear, even though the District Attorney is counsel of record, provided the judge is satisfied they did not set the policy and assuming he/she can be fair and impartial.

Rules: 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); Opinions 20-67; 18-176/18-176(A)/18-177; 18-171; 16-146; 91-130; 90-74.