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: A village justice may continue as a client of a salesperson whose spouse is the village prosecutor. Unless the relationship is substantially more than an ordinary salesperson-customer relationship, the judge may preside over cases where the salesperson’s spouse appears as village prosecutor without disclosure or disqualification, provided the judge can remain fair and impartial. Judiciary Law § 14; 22 NYCRR 100.2; 100.2(A); 100.2(B); 100.2(C); 100.3(E)(1); 100.3(E)(1)(a)-(f); 100.3(F); 100.4(D)(1)(a)-(c); Opinions 13-64; 12-107; 11-125; 11-64; 11-45; 09-138; 92-22; 88-60; People v Moreno, 70 NY2d 403 (1987).
