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NYS Advisory Committee on Judicial Ethics – Conflict of Interest

Daily Record Staff Reports//April 22, 2015//

NYS Advisory Committee on Judicial Ethics – Conflict of Interest

Daily Record Staff Reports//April 22, 2015//

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– Defendant and Victim are Attorneys

 

Opinion 14-120

 

Background: The inquiring village justice asks if he may preside in a criminal matter where the alleged victim is a prosecutor who appears occasionally before the judge, the defendant is an attorney who regularly appears in the judge’s court as n 18-B assigned counsel, and the prosecutor is the town attorney for a neighboring town.

 

Ruling: The committee concluded that a village justice may preside in a criminal case where the defendant and the alleged victim are attorneys who practice in the village court, and the prosecutor is the town attorney for a neighboring town, provided the judge concludes he can be fair and impartial.

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