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. 

This responds to your inquiry (20-178) asking about your obligations with respect to an escrow account. Several years ago, before you assumed the bench, you served as a referee in foreclosure. You are still holding certain monies in escrow, as you wait for the judge in the foreclosure matter to sign an order to release them. You anticipate you will soon be sworn in to the same multi-judge court where the foreclosure matter is pending. On these facts, you ask if you may continue to hold the monies in escrow pending the court order directing their release.

We believe you may continue to hold these funds in escrow while awaiting a court order directing their release, as the remaining functions from your former service as referee in foreclosure are ministerial. It is immaterial if you are sworn into the same bench as the judge in the foreclosure matter in the interim.