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Advisory Committee on Judicial Ethics — Judge’s Children Appointed as Part-time County Attorneys: Opinion 11-106(A)
NYS Advisory Committee on Judicial Ethics Judge’s Children Appointed as Part-time County Attorney Opinion 11-106(A) Background: The inquiring judge asked whether he may preside over certain cases if his child is appointed to the position of part-time county attorney in the event that “outside” counsel is hired to represent the county’s legal interests. Opinion: The […]
Advisory Committee on Judicial Ethics — Part-time Judge: Opinion 11-73
NYS Advisory Committee on Judicial Ethics Part-time Judge Prior Service over Criminal Case Opinion 11-73 Background: A part-time lawyer judge asked whether he may represent a retired law enforcement officer who anticipates being named a defendant in a federal civil rights claim. The complaint is based on an incident during which another law enforcement officer […]
Advisory Committee on Judicial Ethics — Court Attorney’s Former Law Firm: Opinion 10-201
NYS Advisory Committee on Judicial Ethics Court Attorney’s Former Law Firm Wedding Guests Opinion 10-201 Background: The inquiring judge stated that his court attorney previously worked for a large local law firm. Although the court attorney’s employment with the firm ended two years ago when he joined the court system, the court attorney has […]
Advisory Committee on Judicial Ethics — Town Justice: Opinion 10-197
NYS Advisory Committee on Judicial Ethics Town Justice Non-legal Support to a Friend at Court Proceedings Opinion 10-197 Background: A part-time lawyer town/village judge asked whether he may accompany a friend during court proceedings relating to the friend’s divorce. The judge is not a divorce lawyer and the friend has retained counsel to represent his […]
Advisory Committee on Judicial Ethics — Duty to Report Misconduct: Opinion 10-175
NYS Advisory Committee on Judicial Ethics Duty to Report Misconduct Opinion 10-175 Background: The inquiring judge received an unsolicited letter from another judge about a defendant appearing in the inquiring judge’s court. The letter writer is related to the defendant and wrote to support the defendant’s application for early discharge from probation. The inquiring judge believes […]
Advisory Committee on Judicial Ethics — Judge-Attorney Friendships: Opinion 11-125
NYS Advisory Committee on Judicial Ethics Judge-Attorney Friendships Disclosure or Disqualification — Factors Opinion 11-125 Background: A judge who presides in criminal cases asked about his ethical obligations when certain attorneys the judge knows socially appear before him. The inquirer states that these individuals were previously his colleagues at a legal services organization, and they r[...]
Advisory Committee on Judicial Ethics — Subpoenaed Clerk: Opinion 10-150
NYS Advisory Committee on Judicial Ethics Subpoenaed Clerk Conflict of Interest Opinion 10-150 Background: The inquiring judge advised that a district attorney had subpoenaed one of the court clerks to testify in a case that is an open case in the judge’s court. The subpoena required the clerk to testify as to the defendant providing […]
Advisory Committee on Judicial Ethics — Publishing the Criminal Calendar: Opinion 10-120
NYS Advisory Committee on Judicial Ethics Publishing the Criminal Calendar Opinion 10-120 Background: A town justice asked whether it was ethically permissible to furnish advance copies of the court’s criminal calendar to both the district attorney and the assigned public defender on a monthly basis, without also sending copies to private attorneys who represent criminal defendants […]
NYS ADVISORY COMMITTEE ON JUDICIAL ETHICS — District Attorney Delegation of Authority: Joint Opinion 10-170/11-03
NYS ADVISORY COMMITTEE ON JUDICIAL ETHICS Lay Complainant District Attorney Delegation of Authority Joint Opinion 10-170/11-03 Background: Two town justices asked how to proceed when lay complainants file complaints regarding alleged criminal violations and the District Attorney declines to either prosecute the matter or to designate another to do so. In one case, the DA […]
NYS ADVISORY COMMITTEE ON JUDICIAL ETHICS — Dual Employment: Opinion 11-90
NYS ADVISORY COMMITTEE ON JUDICIAL ETHICS Law Clerk Dual Employment Opinion 11-90 Background: A judge inquired whether it was ethically permissible for his principal law clerk to run for and serve as a trustee for a village. It is a part-time, elected position. Opinion: The committee stated that it is ethically permissible for a Supreme […]
Advisory Committee on Judicial Ethics — Full-time Judge: Opinion 10-187
NYS Advisory Committee on Judicial Ethics Full-time Judge Consultant to Nonprofit Opinion 10-187 Background: A full-time judge who presides in a drug treatment court asked whether he may serve as a paid consultant to a nonprofit educational program specializing in educating people with addiction issues. The judge stated that he would review the organization’s programs […]
Advisory Committee on Judicial Ethics — Judge as Volunteer: Opinion 10-174
NYS Advisory Committee on Judicial Ethics Judge as Volunteer Welcoming Military Personnel Opinion 10-174 Background: A judge asked whether he may participate as a leader or member of a committee to host receptions to “provide a sincere welcome and thanks” to members of the U.S. military who are returning from active combat service. The judge […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- 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
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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