Judicial Ethics Opinion 23-158
A judge who assumes judicial office on an apparently unequivocal campaign pledge to incarcerate offenders, exclude drug dealers from the community, ensure maximum sentencing of repeat offenders, and protect victims of domestic violence, thus effectively promising to aid law enforcement rather than apply the law neutrally and impartially in such matters, is disqualified during his/her entire judicial term from: (1) all criminal cases; (2) cases in any court involving allegations of domestic violence; (3) all Vehicle and Traffic Law matters; and (4) cases in any court involving purported drug dealers. Disqualification on this ground is not subject to remittal.
July 21, 2024 at 11:00 PM
6 minute read
Judicial Ethics OpinionsThe 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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