Judicial Ethics Opinion 20-161
Upon a judicial association's filing of a disciplinary complaint against a District Attorney, its member and officer judges are not disqualified from matters in which the District Attorney appears.
March 25, 2021 at 05:00 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: Upon a judicial association's filing of a disciplinary complaint against a District Attorney, its member and officer judges are not disqualified from matters in which the District Attorney appears.
Rules: Judiciary Law § 14; 22 NYCRR 100.1; 100.2(A); 100.3(E)(1); 100.3(E)(1)(a)-(f); Opinions 20-151; 08-76/08-84/08-88/08-89; 07-190; 07-176; 07-84/07-140; 07-25; 01-24; 94-23; People v. Moreno, 70 NY2d 403 (1987).
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