NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 22-66

New York State Advisory Committee on Judicial Ethics

Part-time judge

Disclosure on prior criminal matter – Administrative secretary

Opinion 22-66

Background: The inquiring part-time attorney judge maintains a private law practice. In the course of appearing before full-time judge on behalf of a client, the inquirer has become aware that the full-time judge’s administrative secretary is someone the inquirer had sentenced to probation a few years earlier in a high-profile, controversial case that was resolved by a plea agreement. The inquirer asks if he must disclose this information to the judge in his case.

Opinion: The Committee concluded that, when appearing before a full-time judge on behalf of a client, a part-time lawyer judge should not make an unnecessary, voluntary disclosure that they once presided in a criminal case involving the full-time judge’s administrative secretary.