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NYS Advisory Committee on Judicial Ethics — Judicial Misconduct: Opinion 13-71

Daily Record Staff//December 31, 2013//

NYS Advisory Committee on Judicial Ethics — Judicial Misconduct: Opinion 13-71

Daily Record Staff//December 31, 2013//

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Reporting Requirements

Opinion 13-71

Background: The inquiring judge asked whether he is required to report another judge for engaging in misconduct. The judge in question presided in a criminal case where the lawyer who represented the defendant was also representing the judge before the Commission on Judicial Conduct.

Opinion: The committee concluded that if a judge concludes that another judge or lawyer has engaged in a substantial violation of the rules, the action the judge must take will depend on the nature of the misconduct. The judge whose personal attorney appears in the judge’s court must disqualify himself during the representation and for 2 years after the representation ends.

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