By Committee on Judicial Ethics | December 9, 2024
A judge need not take any action with respect to a letter from an inmate accusing correctional officers of abuse. It is within the judge’s sole discretion to report, or not report, the allegations to any authorities as the judge deems appropriate under the circumstances.
By Committee on Judicial Ethics | December 6, 2024
Where a judge concludes that there is a substantial likelihood that an attorney made racist and sexist remarks in connection with a matter before the judge, the judge must take appropriate action. On the facts presented, the judge has full discretion to determine what action is appropriate under the circumstances.
By Committee on Judicial Ethics | December 5, 2024
(1) When a court interpreter is needed for an off-hours arraignment and the judge determines that an interpreter approved by the Unified Court System is unavailable, it is ethically permissible for the judge to use an independent third-party interpreting service with the consent of the parties or their counsel. If the service requires use of a paid account which is not paid for by the Unified Court System or the municipality, the accountholder’s identity should be disclosed on the record. (2) The use and selection of any interpreting service raises primarily legal or administrative issues beyond our purview to address.
By Committee on Judicial Ethics | December 4, 2024
A judge may not contact state legislators regarding funding for the judge’s alma mater.
By Committee on Judicial Ethics | December 3, 2024
A full-time judge may not accept an invitation from the judge’s spouse to discuss legal issues arising in the judge’s court at a “lunch and learn” meeting sponsored by the spouse’s for-profit employer.
By Committee on Judicial Ethics | December 2, 2024
The Rules Governing Judicial Conduct do not prohibit a town justice from simultaneously serving as commissioner of jurors and as chief clerk of the Supreme and County Court, subject to appropriate administrative approvals.
By Committee on Judicial Ethics | November 29, 2024
Although a magistrates association, as well as individual judges, may publicly oppose a court reorganization that would replace local town and village courts with a district court, they may not do so by undertaking traditional “campaign activity” such as campaign advertisements, lawn signs, palm cards, or raising funds from the public.
By Committee on Judicial Ethics | November 27, 2024
Where a town has installed video security cameras in the courtroom and audio and video cameras in the court clerks’ office, a town judge must object in writing and notify an administrative or supervising judge. The judge may, in his/her discretion, petition town officials to restrict access to the cameras in the court clerks’ office and/or transfer monitoring and control functions to court personnel.
By Committee on Judicial Ethics | November 26, 2024
A personally appointed court attorney whose official court duties include serving as a small claims arbitrator is a quasi-judicial official and therefore generally prohibited from engaging in political activity.
By Committee on Judicial Ethics | November 25, 2024
A judge in a two-judge town court may preside in a criminal case where their co-judge’s relative was the arresting officer, provided the judge can be fair and impartial.
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