NYS Advisory Committee on Judicial Ethics
Advice from Town Attorney
Background: A town justice who received a subpoena relating to his judicial position consulted with the town attorney for advice about responding to the subpoena. The representation has concluded. But a town official has directed the judge to disqualify himself from all cases involving the town because of this.
Opinion: The committee concluded that a town justice, who in his official capacity, consulted the town attorney about a subpoena the judge received, is not disqualified from presiding when the town attorney appears in his court once the subpoena is no longer outstanding and the representation is concluded.