NYS Advisory Committee on Judicial Ethics — Judge’s Candidacy: Opinion 12-164
By Daily Record Staff
POSTED: June 14, 2013
Tags: Judge’s Candidacy, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Judge’s Candidacy Attorney Endorsement Opinion 12-164 Background: The inquiring judge recently ran an unsuccessful campaign for a different judicial office. During the campaign, an attorney who is well-known in the community publicly endorsed the judge’s candidacy in a “glossy piece of literature” mailed to party members that advised the [...]
NYS Advisory Committee on Judicial Ethics — Political Activities: Opinion 12-71
By Daily Record Staff
POSTED: June 11, 2013
Tags: NYS Advisory Committee on Judicial Ethics, Political Activities
NYS Advisory Committee on Judicial Ethics Political Activities Law Clerk Opinion 12-71 Background: An administrative law judge asked whether his personal appointee, a law clerk who does not have a quasi-judicial title nor functions, may engage in certain political activities in support of a close relative’s election campaign. His duties would include walking in parades, [...]
NYS Advisory Committee on Judicial Ethics — Distributing Informational Packets from District Attorney’s Office: Opinion 12-68
By Daily Record Staff
POSTED: June 10, 2013
Tags: Distributing Informational Packets from District Attorney’s Office, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Distributing Informational Packets from District Attorney’s Office Vehicle & Traffic Matters Opinion 12-68 Background: An administrative judge asked whether it is permissible for town justices to distribute affidavits created by the district attorney’s office with regard to Vehicle and Traffic Law speeding ticket reduction requests. The judge also asked [...]
NYS Advisory Committee on Judicial Ethics — Professional Misconduct: Opinion 12-55
By Daily Record Staff
POSTED: June 9, 2013
Tags: NYS Advisory Committee on Judicial Ethics, Professional Misconduct
NYS Advisory Committee on Judicial Ethics Professional Misconduct Attorney Invoking Fifth Amendment Opinion 12-55 Background: The inquiring judge states that during a trial in which he presided, a litigant, who is also an attorney, exercised his Fifth Amendment privilege against self-incrimination when testifying. After issuing a final decision on the matter, opposing counsel has asked that [...]
NYS Advisory Committee on Judicial Ethics — Former Appellate Law Clerk: Opinion 12-45
By Daily Record Staff
POSTED: June 4, 2013
Tags: Former Appellate Law Clerk, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Former Appellate Law Clerk Retired Appellate Judge Opinion 12-45 Background: An appellate judge asked whether disclosure is required when the former principal law clerk of a recently retired judicial colleague appears as a private attorney to argue an appeal. The former law clerk was on the retired judge’s personal [...]
NYS Advisory Committee on Judicial Ethics — Former Judge: Opinion 12-37
By Daily Record Staff
POSTED: June 3, 2013
Tags: Former Judge, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Former Judge Practicing Law in Prior Court Opinion 12-37 Background: A supervising family court judge asked whether a former judge of the family court, who is now a practicing attorney, may be assigned or appear as retained counsel to represent certain parties who may have been involved in cases [...]
NYS Advisory Committee on Judicial Ethics — Facebook Friends: Opinion 13-39
By Daily Record Staff
POSTED: June 2, 2013
Tags: Facebook Friends, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Facebook Friends Recusal Opinion 13-39 Background: The inquiring judge is “Facebook friends” with the parents of certain minors who were affected by a defendant’s conduct in a criminal matter before him. The inquiring judge states that despite the word “friend” used to describe the relationships, the parents are mere [...]
NYS Advisory Committee on Judicial Ethics — Opinion 12-73
By Daily Record Staff
POSTED: May 30, 2013
Tags: NYS Advisory Committee on Judicial Ethics, Part-Time Judge
NYS Advisory Committee on Judicial Ethics Part-Time Judge School Tax Collector Opinion 12-73 Background: A recently appointed part-time judge asked whether he may continue to serve as a school tax collector in the municipality where he presides. As a tax collector, his duties include receiving tax payments during a two-month period, after which he closes [...]
NYS Advisory Committee on Judicial Ethics — Reporting Another Judge: Opinion 12-166 
By Daily Record Staff
POSTED: May 29, 2013
Tags: NYS Advisory Committee on Judicial Ethics, Reporting Another Judge
NYS Advisory Committee on Judicial Ethics Reporting Another Judge Obligation Opinion 12-166 Background: The inquiring judge asked whether he was ethically obligated to report a judge’s conduct occurring during a private dispute with a court employee which took place on court premises. Ruling: The committee concluded that a judge must take appropriate action if a [...]
NYS Advisory Committee on Judicial Ethics — Conflict of Interest: Opinion 12-151
By Daily Record Staff
POSTED: May 29, 2013
Tags: NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Conflict of Interest Club Membership Opinion 12-151 Background: A judge inquired into his ethical obligations when a member of his golf club appears before him. The judge and the attorney do not socialize together. Opinion: The committee concluded that the attorney and the judge are mere acquaintances. Therefore, the [...]
NYS Advisory Committee on Judicial Ethics — Judicial Hearing Officer: Opinion 12-123
By Daily Record Staff
POSTED: May 27, 2013
Tags: Judicial Hearing Officer, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Judicial Hearing Officer Special Referee Appointment Opinion 12-123 Background: A retired judge, designated as a judicial hearing officer in a particular court, asked whether he may accept an appointment as a special referee by a judge of the same court. As a special referee, he would supervise discovery in a [...]
NYS Advisory Committee on Judicial Ethics — Attorney Misconduct: Opinion 12-131
By Daily Record Staff
POSTED: May 22, 2013
Tags: Attorney Misconduct, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Attorney Misconduct Judge’s Obligation Opinion 12-131 Background: A judge asked whether he was ethically obligated to report an attorney to the Grievance Committee for submitting false affidavits of actual engagement. Opinion: The committee concluded that a judge who receives information indicating a substantial likelihood that a lawyer has committed [...]
