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: (1) Where a full-time judge solely owns certain rental properties through a solely owned limited liability company, the judge: (a) may advertise those properties via social media or other lawful means, provided such advertisements do not mention the judge’s judicial status; (b) need not prohibit current tenants from forwarding or sharing such advertisements; (c) may, to the extent permitted by law, enter into a business arrangement providing a current tenant with a rent credit for referring new tenants, again assuming the judge’s judicial status will not be referenced; (d) is disqualified, subject to remittal, from presiding over matters involving current tenants; and (e) may not appoint or re-appoint current tenants to positions such as assigned counsel or attorney for the child. (2) If the judge’s relationship with an attorney tenant results in frequent disqualifications, the judge must either terminate the landlord/tenant relationship or divest the investment.
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