Judicial Ethics Opinion 21-26
Where a town justice and town court clerk hold ethically permissible second positions within the town government, they may attend and participate in monthly town board meetings in their non-judicial/non-court capacities and be listed on the agenda in those capacities.
July 19, 2021 at 04:50 AM
8 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: (1) Where a town justice and town court clerk hold ethically permissible second positions within the town government, they may attend and participate in monthly town board meetings in their non-judicial/non-court capacities and be listed on the agenda in those capacities.
(2) A town justice may appear at monthly town board meetings on behalf of the town court if (a) the judge concludes it is in the best interest of the court to attend and (b) the judge is satisfied the agenda reflects the town court's status as a co-equal branch of government, rather than a department subject to the town board's direction and control. (3) A town justice may provide a monthly cashbook and statute summary report to the town board.
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