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NYS Advisory Committee on Judicial Ethics – Ex-judge’s former law clerk: Opinion 14-23
By: Daily Record Staff//November 15, 2023
NYS Advisory Committee on Judicial Ethics – Ex-judge’s former law clerk: Opinion 14-23
By: Daily Record Staff//November 15, 2023//
Listen to this articleNew York State Advisory Committee on Judicial Ethics
Ex-judge’s former law clerk
Ex-judge’s new law firm
Background: An ex-judge from the inquiring judge’s court recently left the bench and became “of counsel” to a law firm in which the ex-judge’s life partner is a member. The ex-judge will never personally be the attorney of record in the inquiring judge’s court. The ex-judge’s former law clerk has been hired by the inquiring judge.
Opinion: The Committee concluded that where the inquiring judge’s current law clerk was previously the longtime law clerk to another judge, who is now “of counsel” to a law firm but will work exclusively with one attorney and never appearing in court, the judge need not disqualify or disclose when the law firm colleagues of the ex-judge appear. Whether the judge must insulate the law clerk from cases involving other attorneys from that firm is fact-specific and depends on the nature of the relationship between the law clerk and the attorney who appears.
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
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- Manslaughter conviction reversed after appeals court finds insufficient evidence
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