Judicial Ethics Opinion 20-135
Where a judge is aware that an attorney before him/her was recently an associate in a law firm that is currently representing the judge, but is satisfied that the law firm's former associate has no ongoing business or financial relationship with the firm, disclosure is solely within the judge's discretion.
November 05, 2020 at 09:24 AM
5 minute read
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 is aware that an attorney before him/her was recently an associate in a law firm that is currently representing the judge, but is satisfied that the law firm's former associate (1) had absolutely no awareness of or involvement in the judge's representation while employed by the firm, (2) has fully ceased employment with the firm, and (3) has no ongoing business or financial relationship with the firm, disclosure is solely within the judge's discretion.
Rules: 22 NYCRR pt 100, Preamble; 100.2; 100.2(A); 100.3(E)(1); Opinions 16-54; 15-114; 08-171/08-174.
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