Judicial Ethics Opinion 21-46
A judge may accept or reject plea dispositions but, in doing so, may not adopt a broad policy that omits individualized determinations.
July 28, 2021 at 04:50 AM
3 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 judge may accept or reject plea dispositions but, in doing so, may not adopt a broad policy that omits individualized determinations.
Rules: 22 NYCRR 100.2(A); 100.3; Opinions 20-152; 20-01; 19-47; 10-32/10-48; 09-13; 06-174; People v. Argentieri, 66 AD3d 558 (1st Dept 2009); People v. Mead, 64 Misc3d 1230(A) (Sullivan County Ct 2019); New York Criminal Practice § 12.09 (2020).
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