Judicial Ethics Opinion 21-72
A town justice may preside in a matter involving an attorney from the law office which filed an Article 78 proceeding against the town and the town court clerk, provided the judge can be fair and impartial.
August 16, 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 town justice may preside in a matter involving an attorney from the law office which filed an Article 78 proceeding against the town and the town court clerk, provided the judge can be fair and impartial.
Rules: Judiciary Law § 14; 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); Opinions 17-05; 12-94; 12-07; 09-47(B); People v. Moreno, 70 NY2d 403 (1987).
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