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: The committee cannot comment on legal questions, such as whether a judge may, on his/her own initiative and before the parties’ first appearance, request and review grand jury minutes and/or discovery materials produced to the defense. Should the judge determine such conduct is legally permitted, however, the judge must be careful to avoid any impermissible ex parte communications. Judiciary Law §212(2)(l); 22 NYCRR 100.3(B)(6); 101.1; Opinions 10-114; 91-118.
