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 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.

Facts/Issue: The town prosecutor was a defendant before the inquiring town justice in a Vehicle and Traffic Law matter and remains subject to an unexpired conditional discharge from a negotiated plea. The judge asks if he/she may preside in criminal cases brought by that town prosecutor. Moreover, as the town prosecutor’s law firm has been hired as the town attorney, the judge also asks if he/she may preside in matters involving the town prosecutor’s law firm partners and associates.