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 in Albany County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Digest: (1) Where a judge was previously a social services provider to criminal defendant clients: (a) The judge must disqualify if one of those clients appears before the judge on the same case. (b) The judge may preside if the case currently before the judge is unrelated to the underlying case where the judge previously worked as a social service provider to the same client and the judge concludes that the judge can be fair and impartial. (c) But if the judge becomes aware of a material, relevant connection between the case currently before the judge and the underlying case where the judge previously worked as a social services provider to the same client, then the judge must disclose the connection.  If the judge then concludes that the judge can be fair and impartial, the judge may preside.

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