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NYS Advisory Committee on Judicial Ethics — Board of Trustees: Opinion 12-39

NYS Advisory Committee on Judicial Ethics

Board of Trustees

Impending Investigation —Resignation

Opinion 12-39

Background:  A full-time judge serves on the board of trustees of a not-for-profit hospital states that he learned from the hospital’s president and outside counsel that the local district attorney’s office has been investigating allegations concerning certain practices or procedures at the hospital. Outside counsel negotiated a proposed resolution to the matter. The judge asks whether he must resign from the board.

Opinion:  The committee concluded that a judge who serves on a hospital’s board of trustees, and who, on learning of an ongoing investigation of the hospital and a proposed resolution of certain impending charges, has taken affirmative steps to avoid any participation in the matter, need not resign from the board.