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NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion-130
By: Daily Record Staff//February 26, 2019
NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion-130
By: Daily Record Staff//February 26, 2019
New York State Advisory Committee on Judicial Ethics
Part-time judge
Appointment as guardian – Part 36
Opinion-130
Background: The inquiring full-time judge appointed a part-time attorney-judge to serve as guardian for property management only for an alleged incapacitated person under the Mental Hygiene Law. At the time of the appointment, no one reviewed or considered Part 36. Now that the issue is raised, the two judges ask if the part-time judge may continue to serve as guardian.
Opinion: The Committee concluded that if the criteria of 22 NYCRR 36.1(b)(2)(I) are met, a full-time judge may allow a part-time judge to serve as a court-appointed guardian, and the part-time judge may so serve.
Case Digests
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- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
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- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
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