Aekachai via Adobe Stock Judicial Ethics Opinion 22-153
(1) A judge need not recuse from a small claims case merely because they might potentially learn about another judge's possible legal, procedural and/or ethical missteps in another case. (2) The inquiring judge is in the best position to determine whether they have received information indicating a substantial likelihood that another judge has committed a substantial violation of the Rules Governing Judicial Conduct and, if so, what action is appropriate under the circumstances. (3) We cannot respond to questions about past conduct, legal issues, conduct of another judge, or interpretation of another judge's decisions/rulings.
August 31, 2023 at 11:00 PM
6 minute read
Judicial Ethics Opinions
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.
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