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Home / Case Digests / NYS Advisory Committee on Judicial Ethics — Subpoena: Opinion 12-12

NYS Advisory Committee on Judicial Ethics — Subpoena: Opinion 12-12

NYS Advisory Committee on Judicial Ethics

Subpoena

Advice from Town Attorney

Opinion 12-12

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.

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