Judicial Ethics Opinion 23-242
(1) A judge has no ethical duty to investigate allegations from the court attorney's former romantic partner about the court attorney's conduct before working for the judge. (2) Where the court attorney has admitted certain allegations which, in the judge's view, constitute substantial professional misconduct, the judge must take appropriate action. (3) With respect to other allegations of a more personal and private nature, the judge need not take any action unless the judge concludes he/she has received information indicating a substantial likelihood that the attorney has committed a substantial violation of Rules of Professional Conduct. (4) On these facts, the judge has no ethical obligation to report the court attorney to the grievance committee or terminate the court attorney's employment.
October 07, 2024 at 11:00 PM
10 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 28 current and retired judges, and is co-chaired by the Honorable Debra L. Givens, an acting justice of the supreme court in Erie County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.
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