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NYS Advisory Committee on Judicial Ethics – Prior Representation: Opinion 16-30
By: Daily Record Staff//June 1, 2016
NYS Advisory Committee on Judicial Ethics – Prior Representation: Opinion 16-30
By: Daily Record Staff//June 1, 2016
New York State Advisory Committee on Judicial Ethics
Prior Representation
Non-substantive Work – Disclosure
Opinion 16-30
Background: The inquiring part-time judge briefly retained a lawyer in connection with a disciplinary proceeding approximately one year prior. The lawyer did not bill the judge for his minimal efforts. While the lawyer did assist the judge, the judge hired a different law firm to undertake the substantive defense of the underlying matter. The lawyer is now the public defender.
Opinion: The Committee concluded that where the new public defender preliminarily and briefly represented a judge in a disciplinary proceeding one year prior as a private attorney, the judge may continue to preside over matters involving assistant public defenders, provided the judge can be fair and impartial. The judge need not disclose the prior, non-substantive representation when the assistant public defenders appear.
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