Photo: Sebra via Adobe Stock Judicial Ethics Opinion 23-117
(1) Once a judge's law clerk's spouse becomes the Public Defender, the judge (a) must completely insulate the law clerk from all cases involving the PD's office, (b) must disclose both the relationship and the insulation, and (c) may thereafter preside in the matter, provided the judge can be fair and impartial, even if a party objects.
May 12, 2024 at 11:00 PM
4 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 retired 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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