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NYS Advisory Committee on Judicial Ethics – Animal abuse registry: Opinion 18-26
New York State Advisory Committee on Judicial Ethics Animal abuse registry Notice of convictions Opinion 18-26 Background: The inquiring judge asks whether it is ethical to allow the town and justice court clerks in the judge’s county to send notice of animal abuse convictions to the Sheriff’s Department pursuant to a recently enacted county abuse […]
NYS Advisory Committee on Judicial Ethics – Director not-for-profit: Opinion 19-30
New York State Advisory Committee on Judicial Ethics Director not-for-profit Controversial contested agency proceeding Opinion 19-30 Background: A full-time judge asks if he may continue to serve on the board of directors of a local not-for-profit land trust conservancy organization. Certain companies are seeking approval from a state agency to build power-generation facilities adjacent to [&helli[...]
NYS Advisory Committee on Judicial Ethics – Volunteer activities: Opinion 19-29
New York State Advisory Committee on Judicial Ethics Volunteer activities Legal assistance with health care directives – Assisting abortion clinic Opinion 19-29 Background: A full-time judge asks if he may participate in two extra-judicial activities as a volunteer. One is organized by the judge’s house of worship, which would involve providing individualized assistance to other […]
NYS Advisory Committee on Judicial Ethics – Part 36 appointments: Opinion 19-22
New York State Advisory Committee on Judicial Ethics Part 36 appointments Attorneys sponsoring fund-raisers Opinion 19-22 Background: The inquiring judge asks if he may appoint certain solo practitioners who sponsored a single fund-raiser in connection with his recent election campaign as guardians ad litem or other Part 36 guardian appointments. Opinion: The Committee concluded that, […]
NYS Advisory Committee on Judicial Ethics – Election funding: Opinion 19-19
New York State Advisory Committee on Judicial Ethics Election funding Personal loan – Repayment Opinion 19-19 Background: Before election day, the inquiring judge funded his election campaign through a combination of campaign contributions solicited and received by his campaign committee and several-thousand dollars loan of his own personal funds. The judge ceased all campaign activities [&helli[...]
NYS Advisory Committee on Judicial Ethics – Family court: Opinion 19-15(amended)
New York State Advisory Committee on Judicial Ethics Family court Prior employment – Contract attorney – Supervisory role Opinion 19-15(amended) Background: A new Family Court judge formerly contracted with the local Department of Social Services to provide legal services. The inquiring judge worked in a supervisory capacity over contract attorneys working for the DSS. Opinion: […]
NYS Advisory Committee on Judicial Ethics – Participation in legislative program: Opinion 19-14
New York State Advisory Committee on Judicial Ethics Participation in legislative program Anti-bullying initiative Opinion 19-14 Background: A full-time judge asks if he may participate in a program involving legislators and a school and/or school district to develop an anti-bullying program, campaign or strategy for use in schools. The program seeks to prevent or reduce […]
NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 19-38
New York State Advisory Committee on Judicial Ethics Part-time judge Fire investigator Opinion 19-38 Background: The part-time judge is a retired law enforcement officer with decades of experience in the sheriff’s office and fire department. He is trained as a fire investigator. He asks if the committee would reconsider Opinion 18-76, as he believes a […]
NYS Advisory Committee on Judicial Ethics – Co-judge not available: Opinion 19-46
New York State Advisory Committee on Judicial Ethics Co-judge not available Town justice – Ministerial tasks – Conflict checks Opinion 19-46 Background: The inquiring town justice presides in a two-judge court, but his co-judge cannot handle any case for the foreseeable future. The judge asks for guidance on handling cases previously adjudicated by the co-judge, […]
NYS Advisory Committee on Judicial Ethics – Disqualification: Opinion 19-39
New York State Advisory Committee on Judicial Ethics Disqualification Judge as potential witness – Prior conflict Opinion 19-39 Background: A judge asks if disqualification is ethically required when, after a non-jury trial, a plaintiff sought relief under the Debtor and Creditor Law as the defendant’s judgment creditor and also sought the judge’s recusal, claiming that […]
NYS Advisory Committee on Judicial Ethics – Full-time judge: Opinion 19-36
New York State Advisory Committee on Judicial Ethics Full-time judge Board of directors – Credit union – Appearance at adversarial proceedings Opinion 19-36 Background: The inquiring judge asks if he may, upon assuming full-time judicial office, continue to serve on a not-for-profit credit union’s board of directors. The credit union has filed multiple foreclosure actions […]
NYS Advisory Committee on Judicial Ethics – Judge’s personal attorney: Opinion 19-27
New York State Advisory Committee on Judicial Ethics Judge’s personal attorney Fact witness – Disqualification Opinion 19-27 Background: A judge asks about his obligations on learning that an attorney from the law firm currently representing the judge on a personal matter is a fact witness in a proceeding before the judge. Opinion: The Committee concluded […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- 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
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- 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
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