Judicial Ethics Opinion 20-156
A full-time judge may consult with an attorney regarding the judge's possible medical malpractice case, even if the attorney regularly appears before the judge.
February 01, 2021 at 05:04 AM
4 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: A full-time judge may consult with an attorney regarding the judge's possible medical malpractice case, even if the attorney regularly appears before the judge. If the consultation is more than strictly brief and preliminary, the judge will ordinarily be disqualified, subject to remittal where permitted, in matters involving the attorney and others from the same law office.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.3(E)(1)(a)-(f); Opinions 19-91; 19-34; 17-111; 16-30; 08-171/08-174.
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