Judicial Ethics Opinion 20-138
Where a judge rents an apartment to a not-for-profit organization that provides free transitional housing to homeless individuals, the judge is disqualified, subject to remittal, in matters involving a litigant who is currently residing in that apartment.
January 05, 2021 at 08:55 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 the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.
Digest: Where a judge rents an apartment to a not-for-profit organization that provides free transitional housing to homeless individuals, the judge is disqualified, subject to remittal, in matters involving a litigant who is currently residing in that apartment. If the judge's tenant's placements result in frequent disqualifications, the judge must terminate this landlord/tenant relationship or divest him/herself of the investment.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.3(E)(1)(c); 100.3(E)(1)(d)(iii); 100.3(E)(2); 100.4(D)(1)(a)-(c);100.4 (D)(2); 100.4(D)(4); Opinions 20-82/20-86; 17-143; 04-51; 97-55; 96-90; People v. Moreno, 70 NY2d 403 (1987).
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