Judicial Ethics Opinion 20-140
Where a judge's law firm represents a non-supervisory assistant public defender at a real estate closing, may the judge thereafter preside in matters where that attorney or others from the same public defender's office appear, once the matter is concluded?
January 29, 2021 at 05:19 AM
3 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.
We respond to your inquiry (20-140) about your law firm's proposed representation of a non-supervisory assistant public defender at a real estate closing. You ask if you may thereafter preside in matters where that attorney or others from the same public defender's office appear, once the matter is concluded. [1]
With respect to a specific assistant public defender who is your law firm's client, you must disqualify yourself from all matters where that individual appears, both during the representation and for two years after the representation fully concludes and all fees are paid (see e.g. Opinions 15-51; 13-54). The disqualification is, however, subject to remittal in appropriate circumstances. Opinion 20-82/20-86 (citations omitted) explains the mechanics of the remittal process and provides cautions regarding "blanket" remittals:
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