The Committee on Judicial Ethics responds to written inquiries from New York state’s approximately 3,400 judges, who serve both full- and part-time. The committee’s opinions interpret the Rules Governing Judicial Conduct (22NYCRR, Part 100) and the Code of Judicial Conduct. The committee, comprised of 27 current and retired judges and headed by former associate justice George D. Marlow of the Appellate Division, also answers inquiries about proper campaign conduct from candidates for elective judicial office. The New York Law Journal publishes selected recent opinions of the committee.
Digest: (1) The committee cannot suspend the Rules Governing Judicial Conduct or issue legal opinions interpreting the state and federal constitutions. (2) On request for reconsideration, the committee reaffirms its prior opinions advising that a judge may not take part in certain public activities regarding redistricting. Rules: US Const, 1st Amend; NY Const art I, § 8; art VI, §§ 20(b); 20(b)(1)-(2); 22(a); 28(b)-(c); art XIX, § 2; Judiciary Law §§ 42; 212(2)(b), (l); 22 NYCRR 100.0(S); 100.2; 100.2(A); 100.3(B)(8); 100.2(C); 100.4(A)(1)-(3); 100.4(B); 100.5(A)(1); 100.5(A)(1)(i)-(iii); 100.5(A)(1)(a), (c)-(h); 100.5(A)(2)-(7); 100.5(B); 101.1; 101.3; Opinions 15-139/15-140; 15-77; 14-123; 13-189/14-02; 13-17; 11-87; 10-133; 09-244; 08-220/08-222; 08-73; 05-105/05-108/05-109; 01-127; 01-65; 96-146; 92-106; 92-74; 89-55; Shapiro v. McManus, 136 S Ct 450 (2015); Arizona State Legisl v. Arizona Indep Redistricting Commn, 135 S Ct 2652 (2015); Alabama Legisl Black Caucus v. Alabama, 135 S Ct 1257 (2015); Republican Party of Minnesota v. White, 536 US 765 (2002); Matter of Raab, 100 NY2d 305 (2003); Matter of Watson, 100 NY2d 290 (2003); Matter of Spargo v. New York State Commn on Jud Conduct, 23 AD3d 808 (2005).
