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) A judge who is being represented in an Article 78 proceeding in the judge’s official capacity by private counsel under Public Officers Law § 17(2)(b) is disqualified, subject to remittal, in any matters involving the specific attorneys who are representing the judge for the duration of the representation. The judge is not disqualified when other partners or associates of the law firm appear, provided they have no involvement in representing the judge, but must make disclosure while the representation is ongoing. (2) Once the Article 78 proceeding terminates and the representation ends, the judge need not disclose or disqualify in matters involving the law firm and/or the specific attorneys involved in the representation, assuming the judge can be fair and impartial.

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