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Advisory Committee on Judicial Ethics — Divorce: Opinion 10-99
NYS Advisory Committee on Judicial Ethics Divorce Ex-spouse’s Former Counsel Opinion 10-99 Background: An attorney and part-time judge inquired as to whether an attorney who represented his ex-spouse in a family court matter, or his associates, may appear before him after the matter is concluded. Opinion: The committee determined that a two-year period must toll […]
Advisory Committee on Judicial Ethics — Publishing and Marketing a Book: Opinion 10-84
NYS Advisory Committee on Judicial Ethics Publishing and Marketing a Book Opinion 10-84 Background: A full-time judge asked whether he may copyright a bench book relating to a particular topic that he commonly addresses in cases in which he presides. He also wishes to market the book and collect revenues and/or royalties based on the […]
Advisory Committee on Judicial Ethics — Town Justice: Opinion 10-190
NYS Advisory Committee on Judicial Ethics Town Justice Prior Member of the Town Board Opinion 10-190 Background: A town justice-elect served on the board of the town where he was to preside. As a member of the town board he voted on legislation that amended and promulgated town laws and ordinances. He had also made […]
Committee on Judicial Ethics — Part-Time Judge: Opinion 10-127
NYS Advisory Committee on Judicial Ethics Part-Time Judge Process Server Opinion 10-127 Background: A part-time judge inquired into the propriety of accepting employment as a process server. The judge stated that his employment would not take him into the jurisdiction of the court in which he presides. Opinion: The committee has previously stated that a […]
Committee on Judicial Ethics — Fundraising: Opinion 10-103
NYS Advisory Committee on Judicial Ethics Fundraising Participation Opinion 10-103 Background: The inquirer asked whether it would be permissible to participate in a non-law club fundraiser wherein he would participate as a cook, bus boy, dishwasher or waiter. Further, the club has a trailer wherein they cook hamburgers and hotdogs at the club’s summer fundraiser. […]
Committee on Judicial Ethics — Appearance of Impropriety: Secretary’s Private Legal Matter
NYS Advisory Committee on Judicial Ethics Appearance of Impropriety Secretary’s Private Legal Matter Opinion 10-72 Background: An inquiring judge asked whether it would be permissible for an attorney to continue to appear in Family Court on appointed and retained matters when he is representing the judge’s secretary in a federal court matter. Opinion: The rules […]
Committee on Judicial Ethics — Appearance of Impropriety: Opinion 09-181
NYS Advisory Committee on Judicial Ethics — Appearance of Impropriety Speaking Engagements Opinion 09-181 Background: A full-time judge that presides in a matrimonial part asked whether he may (1) speak about family law to employees of an insurance company; (2) speak about domestic violence from a judge’s perspective given the current economy during a law […]
Committee on Judicial Ethics — Appointing Former Law Clerks: Joint Opinion 10-107/10-158
NYS Advisory Committee on Judicial Ethics Appointing Former Law Clerks Referee Positions Joint Opinion 10-107/10-158 Background: Two inquiring judges asked whether they can appoint former law clerks to certain positions after the clerks retire. The first seeks to appoint a former law clerk as a court examiner in Article 81 guardianship matters. The second seeks […]
Committee on Judicial Ethics — Co-judges and Former Associates: Opinion 10-135
NYS Advisory Committee on Judicial Ethics Co-judges and Former Associates Recusal Opinion 10-135 Background: A self-represented plaintiff requested that a full-time judge recuse himself from a case because two attorneys in the law firm representing the defendant were the judge’s colleagues when the judge served as a town justice. The plaintiff had further stated that the […]
Committee on Judicial Ethics — Part-Time Judge: Opinion 11-22
NYS Advisory Committee on Judicial Ethics Part-Time Judge Elected Office Opinion 11-22 Background: A part-time judge asks whether he may serve the remaining years of his term as an elected fire commissioner for a local fire district and thereafter run for re-election. The judge state he was recently appointed to a judicial office but has […]
Committee on Judicial Ethics — Prosecution by Lay Complainant: Joint Opinion 10-170/11-03
NYS Advisory Committee on Judicial Ethics Prosecution by Lay Complainant 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 prosecutor to do so. In one instance, the DA has declined […]
Committee on Judicial Ethics — Fundraising Activities: Opinion 10-132
NYS Advisory Committee on Judicial Ethics Fundraising Activities Donations Opinion 10-132 Background: A judge asks whether he may donate a photograph he created to a not-for-profit organization to use as a prize in a fundraising auction. The judge states that he will not be personally involved in the auction. Opinion: A judge may donate a […]
Case Digests
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
- Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
- Second Circuit – Supervised release: United States v. Francis
- Fourth Department – Court of Claims: Santiago v. State of New York
- Fourth Department – Peremptory challenge: People v. Santiago
- Fourth Department – Negligence: Scime v. Hale Northeastern
Law News
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
- Appeals court cancels fine against Rochester nursing home
- Deal reached to protect reproductive health care rights at Jefferson County jail
- $1.5M settlement reached in fatal shooting by Canandaigua police officer
- Orleans County lawsuit against Genesee County threatens STAMP development
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