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December 17, 2024 | New York Law Journal

Judicial Ethics Opinion 24-80

A full-time judge who served as guardian for a disabled sibling may retain funds remitted to him/her by a law firm handling the sibling’s social security disability matter, provided the amount (1) is reasonable and (2) does not exceed what a non-judge would receive for the same activity. If a non-judge would not have been compensated by a law firm for non-legal services rendered as a temporary guardian in the context of a social security disability claim, then the judge must return those funds to the law firm.
5 minute read
December 16, 2024 | New York Law Journal

President Biden: Use Your Pardon Power to Protect the Innocent

If President Biden pardoned his clearly guilty son because, as he suggested, Hunter got a raw deal from prosecutors, then he ought to pardon a whole slew of innocent folks who are about to get a raw deal from the incoming administration.
6 minute read
December 16, 2024 | New York Law Journal

Decision of the Day: Second Amendment Does Not Offer Right to Obtain Firearms 'On Demand'

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
December 16, 2024 | New York Law Journal

Presidential Immunity Doesn't Block Trump's NY Criminal Prosecution, Judge Rules

Acting Manhattan Supreme Court Justice Juan Merchan declined to dismiss Trump's New York case based on presidential immunity, but still he was still considering a final motion to set aside in the interests of justice.
3 minute read
December 16, 2024 | New York Law Journal

Lateral Attorney Transitions Under the Ethics Rules

Law firms hiring lateral lawyers should be careful that they are not conflicting themselves out in the process. This is because a lateral lawyer’s conflicts are imputed to the new firm under the Rules of Professional Conduct, two Mound Cotton Wollan & Greengrass partners write.
8 minute read
December 16, 2024 | New York Law Journal

Upstate Judge Resigned Amid Probe Into Excessive Bail, Derision of Litigants, Judicial Conduct Body Says

A Schenectady County town court justice is resigning on Dec. 31 amid the Commission on Judicial Conduct's investigation that he told local officials that litigants in his court were "animals," and sarcastically stated he found it "debatable" that a certain assistant public defender was an actual lawyer.
5 minute read
December 16, 2024 | New York Law Journal

Judges Association and NY State Bar Frown on Hochul's Veto of Bill to End Retirement Penalty for Judges Who Die in Office

The Association of Justices of the Supreme Court of the State of New York and New York State Bar Association expressed their disappointment with the veto of the bill, starkly coined as the "Death Gamble Bill." Gov. Kathy Hochul said she was concerned about the lack of a dedicated funding source.
5 minute read
December 16, 2024 | New York Law Journal

Justices Pass on Service Providers' Challenge to NY's Broadband Rate Caps

By rejecting the petition for review, the Supreme Court leaves intact the Second Circuit's 2-1 ruling that allowed the 2021 law to take effect.
3 minute read
December 16, 2024 | New York Law Journal

US Supreme Court Declines to Review Ex-New York Lt. Gov. Brian Benjamin's Case, Paving Way for Trial

In a petition for writ of certiorari filed in August, defense attorneys Barry Berke and Dani James of Gibson, Dunn & Crutcher asked the justices to consider whether a heightened quid pro quo standard is required in bringing certain corruption cases.
2 minute read
December 16, 2024 | New York Law Journal

Former Top Aide to NYC Mayor Eric Adams Expects Imminent Indictment, Her Lawyer Says

The charges that will likely be brought against Ingrid Lewis-Martin were not immediately clear, though defense attorney Arthur Aidala told reporters during a news conference that he believed the case was related to allegedly improper gifts.
3 minute read

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