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NYS Advisory Committee on Judicial Ethics – Meetings with town comptroller: Opinion 19-63
New York State Advisory Committee on Judicial Ethics Meetings with town comptroller Budgetary needs – Revenue Opinion 19-63 Background: The town comptroller asked to meet privately with town justices and one or more town board members to discuss an apparent decrease in court revenue over the past year. The inquiring judge asks if he may […]
NYS Advisory Committee on Judicial Ethics – Sentencing: Opinion 19-61
New York State Advisory Committee on Judicial Ethics Sentencing Community service – Town board Opinion 19-61 Background: A town justice asks if he may sentence a defendant to perform community service with the town government, such as the town landfill, park or other places currently taken care of by town employees. The town board sets […]
NYS Advisory Committee on Judicial Ethics – Officer of company: Opinion 19-60
New York State Advisory Committee on Judicial Ethics Officer of company Third-degree relative – No financial interest Opinion 19-60 Background: A full-time judge’s third-degree relative solely owns a company that holds and manages a deceased relative’s intellectual property rights. The assets passively generate ongoing income for the judge’s relative, in the form of residuals. The [&hellip[...]
NYS Advisory Committee on Judicial Ethics – Second-degree relative: Opinion 19-59
New York State Advisory Committee on Judicial Ethics Second –degree relative Undersheriff – Centralized arraignment program Opinion 19-59 Background: The inquirer’s second-degree relative is the county’s undersheriff. Most cases in the court where the judge would sit involve the state police and the county sheriff’s department. The undersheriff is second in command and is on […]
NYS Advisory Committee on Judicial Ethics – Judge’s spouse: Opinion 19-58
New York State Advisory Committee on Judicial Ethics Judge’s spouse Principal clerk – District Attorney’s office Opinion 19-58 Background: The inquiring judge asks if he may preside in matters involving the district attorney’s office employing the judge’s spouse as a principal clerk, a state civil service position. The spouse’s duties include a wide range of […]
NYS Advisory Committee on Judicial Ethics – Not-for-profit attorney assistance foundation: Opinion 19-55
New York State Advisory Committee on Judicial Ethics Not-for-profit attorney assistance foundation Board member – Bar association Opinion 19-55 Background: A full-time judge asks if he may serve on the board of a bar association’s not-for-profit foundation that assists attorneys in personal and professional crisis dealing with medical expenses, job losses, emotional difficulties, family crisis[...]
NYS Advisory Committee on Judicial Ethics – Medicaid: Opinion 19-34
New York State Advisory Committee on Judicial Ethics Medicaid Social Services Law refusal Opinion 19-34 Background: The inquiring judge asks that, since his spouse had been diagnosed with dementia, is it ethically permissible to undertake, as a Medicaid planning tool, the process of spousal refusal set out in the Social Services Law, in which the […]
NYS Advisory Committee on Judicial Ethics – Judge as sole-owner of LLC: Opinion 19-26
New York State Advisory Committee on Judicial Ethics Judge as sole-owner of LLC Taking legal action – Tenant Opinion 19-26 Background: The inquiring judge seeks clarification on his obligations arising from his tenant’s possible criminal activity on premises the judge owns as the sole member of a limited liability company. The judge had advised the […]
NYS Advisory Committee on Judicial Ethics – Election opponent: Opinion 19-78
New York State Advisory Committee on Judicial Ethics Election opponent Sufficiency of nominating petitions. Opinion 19-78 Background: The inquiring judge asks if he may preside over a matter in which the judge’s recent election opponent appears as an attorney. Opinion: The Committee concluded that a judge need not disqualify when an attorney appearing before the […]
NYS Advisory Committee on Judicial Ethics – Judicial conduct investigation: Opinion 19-79
New York State Advisory Committee on Judicial Ethics Judicial conduct investigation Disclosure of material – Private and sensitive material Opinion 19-79 Background: A supervising judge received a request from the Commission on Judicial Conduct for copies of his supervisory notes, counseling memos and corrective action plans regarding certain judges the Commission is investigating. The inquiring[...]
NYS Advisory Committee on Judicial Ethics – Part-time judge: Opinion 19-77
New York State Advisory Committee on Judicial Ethics Part-time judge Board of directors – Participation in internal audit Opinion 19-77 Background: A part-time town judge who serves on a not-for-profit historical society’s board of directors asks if he may participate in an audit review process of the organization’s records. His participation would involve only review […]
NYS Advisory Committee on Judicial Ethics – Attorney-referee: Opinion 19-75
New York State Advisory Committee on Judicial Ethics Attorney-referee Counsel to administrative judge – Part-time attorney and private clients Opinion 19-75 Background: The inquiring full-time attorney-referee also serves as counsel to an administrative judge for the town and village justice courts. The referee asks if he may preside when a local town or village justice […]
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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