Photo: Lightfield Studios via Adobe Stock Judicial Ethics Opinion 23-48
(1) A judge who formerly served as the town attorney is not disqualified from presiding in matters handled by a lawyer who previously served on the town board during the judge's tenure as town attorney, even if the lawyer plans to, or does, call the judge as a witness and/or seek the judge's emails and records concerning events that took place during that period. Rather, the judge may preside as long as the judge concludes they can be fair and impartial. (2) Where the lawyer also claims the existence of "extreme animosity" between them and the judge, recusal is not warranted where the judge has conducted the relevant interpersonal analysis and has determined that the judge can be fair and impartial.
January 14, 2024 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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