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NYS Advisory Committee on Judicial Ethics — Not-for-Profit: Opinion 12-87
NYS Advisory Committee on Judicial Ethics Not-for-Profit Advocacy Opinion 12-87 Background: The inquiring judge asked whether he may continue as a chairman of a committee of a not-for-profit organization dedicated to providing safe drinking water. The committee is charged with taking positions on legislative and regulatory bills, rules and actions that affect the public water […]
NYS Advisory Committee on Judicial Ethics — Judge’s Family Appearances: Opinion 12-103
NYS Advisory Committee on Judicial Ethics Judge’s Family Appearances Law Enforcement Officer Opinion 12-103 Background: The inquiring judge asked whether he may preside over cases in which his cousin’s child, a law enforcement officer, is likely to appear before him in traffic court. Opinion: The committee concluded that, because the child will not appear before […]
NYS Advisory Committee on Judicial Ethics — Judge as Business Owner: Opinion 12-110
NYS Advisory Committee on Judicial Ethics Judge as Business Owner Prior Attorney/Client Relationship Opinion 12-110 Background: The inquiring judge asked whether it was ethically permissible to be a restaurant owner and have his name on a liquor license and whether he may preside over cases in which an attorney who previously represented him appears before […]
NYS Advisory Committee on Judicial Ethics — Judge as Respondent: Opinion 12-7
NYS Advisory Committee on Judicial Ethics Judge as Respondent Legal Services Agency Opinion 12-7 Background: A full-time judge states that a legal services agency recently represented a petitioner in an Article 78 proceeding against the judge in his judicial capacity. The legal services agency regularly appears before the judge. The judge asked whether he may […]
Advisory Committee on Judicial Ethics — Giving a Seminar: Opinion 12-04
NYS Advisory Committee on Judicial Ethics Giving a Seminar Opinion 12-04 Background: An inquiring Family Court judge asked whether, when presiding over abuse and neglect cases, it was ethically permissible to give a seminar on educational law to the Department of Social Services caseworkers, deputy county attorneys who appear in Family Court, Legal Aid Attorneys, […]
Advisory Committee on Judicial Ethics — Court Attorney’s Spouse: Opinion 12-2
NYS Advisory Committee on Judicial Ethics Court Attorney’s Spouse County Treasurer Opinion 12-2 Background: The inquiring judge asked about his ethical obligations regarding his confidential court attorney whom is married to the county treasurer. Specifically, he wishes to know his obligations regarding any cases involving the treasurer’s office or other county agencies or departments. The in[...]
Advisory Committee on Judicial Ethics — Judge Disqualification: Opinion 12-162
NYS Advisory Committee on Judicial Ethics — Judge Disqualification Party to a Lawsuit Opinion 12-162 Background: The inquiring judge presides in a court that is limited to cases involving violations of municipal laws and ordinances. The judge recently filed a Notice of Claim against the municipality based on the alleged conduct of a municipal officer and […]
Advisory Committee on Judicial Ethics — Critiquing a Trial Attorney’s Performance: Opinion 12-149
NYS Advisory Committee on Judicial Ethics Critiquing a Trial Attorney’s Performance Opinion 12-149 Background: The inquiring judge, who regularly presides in criminal court, has been asked by attorneys who regularly appear before him to informally critique the attorneys’ performance in misdemeanor and violation trials. Most of these attorneys are junior prosecutors and defense attorneys, whose[...]
Advisory Committee on Judicial Ethics — Mock Trial Program for Prosecutors: Opinion 12-44
NYS Advisory Committee on Judicial Ethics Mock Trial Program for Prosecutors Opinion 12-44 Background: A full-time judge who is a former prosecutor and now presides in criminal matters asked whether he may participate in the district attorney’s trial advocacy program for young prosecutors as a judge of a mock trial competition. Opinion: The committee concluded […]
Advisory Committee on Judicial Ethics — Bar Association Committee Participation: Opinion 12-93
NYS Advisory Committee on Judicial Ethics Bar Association Committee Participation Opinion 12-93 Background: A full-time judge asked whether it is ethically permissible to accept an appointment to sit on both the plaintiffs’ counsel and defense counsel insurance and negligence committees of his local bar association. Opinion: The committee concluded that because a judge may be […]
Advisory Committee on Judicial Ethics — Attending a Colleague’s Wedding: Opinion 12-90
NYS Advisory Committee on Judicial Ethics Attending a Colleague’s Wedding Opinion 12-90 Background: A judge asked whether he may attend the wedding of a former colleague who regularly appears before the judge in his court. He also asked what his ethical obligations were in the event that he may attend and give a gift. Opinion: The […]
Advisory Committee on Judicial Ethics — Former Law Clerk: Opinion 12-05
NYS Advisory Committee on Judicial Ethics Former Law Clerk Supervising Judge Opinion 12-05 Background: A judge who is a former law clerk asked whether he may preside over matters in which his former judge/supervisor appears as defense counsel. The former law clerk turned judge stated that his employment as a law clerk ended more than […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- 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.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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