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 judge who formerly served as an assistant district attorney is disqualified from presiding over any matters in which he/she was involved in any way, but may preside over other cases involving that office where he/she had absolutely no involvement. The judge must insulate his/her law clerk from any matters in which the law clerk participated as a prosecuting attorney or supervisor and disclose the law clerk’s prior position and current insulation accordingly. Judiciary Law §14; 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.3(E)(1)(a)-(f); 100.3(E)(1)(b)(i); 100.3(F); Opinions 15-172; 14-10; 14-07; 07-216; 07-105/07-119; 07-30; 07-23; 93-132; People v Moreno, 70 NY2d 403 (1987).
