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NYS Advisory Committee on Judicial Ethics

Jun 26, 2017

NYS Advisory Committee on Judicial Ethics – Full-time law clerk: Opinion 16-162

New York State Advisory Committee on Judicial Ethics Full-time law clerk Part-time judge – County court’s obligations Opinion 16-162 Background: A county judge’s law clerk is a new part-time justice in a multiple-justice town court within the same county. The county court judge asks if he may preside in cases originating in the town court […]

Jun 23, 2017

NYS Advisory Committee on Judicial Ethics – Ex parte communication: Opinion 16-140

New York State Advisory Committee on Judicial Ethics Ex parte communication County 18-B Program – Financial affidavits Opinion 16-140  Background: A multi-bench judge asks if he may determine a criminal defendant’s eligibility for assigned counsel ex parte based on written forms. The judge states that, under the county’s 18-B program, defendants submit financial affidavits, which […]

Jun 22, 2017

NYS Advisory Committee on Judicial Ethics – Amendment to town code: Opinion 17-18

New York State Advisory Committee on Judicial Ethics Amendment to town code Part-time judge – Advising local legislators Opinion 17-18 Background: A part-time judge who presides in cases involving alleged town code violations has determined he cannot legally issue an arrest warrant to produce recalcitrant defendants unless the penalty portion of the applicable town law […]

Jun 21, 2017

NYS Advisory Committee on Judicial Ethics – Disqualification: Opinion 17-14

New York State Advisory Committee on Judicial Ethics Disqualification Cross-assigned judge – Attorney reported to grievance committee Opinion 17-14 Background: A county court judge, cross-assigned to courts in more than one county, asks about the extent of his disqualification obligations based on complaints he made to an attorney disciplinary committee. Opinion: The Committee concluded that [&h[...]

May 16, 2017

NYS Advisory Committee on Judicial Ethics – Full-time Judge: Opinion 16-161

New York State Advisory Committee on Judicial Ethics Full-time Judge Admissions Committee of a Country Club Opinion 16-161 Background: A full-time judge asks if he may serve on the admissions committee of a country club. The admissions committee does not review applicants’ financial information, provide legal advice, or solicit funds. Ruling: The Committee concluded that […]

May 15, 2017

NYS Advisory Committee on Judicial Ethics – Town Justice: Opinion 16-167

New York State Advisory Committee on Judicial Ethics Town Justice Federal Prosecutor Opinion 16-167 Background: The inquiring judge asks whether it is ethically permissible to simultaneously serve as a town justice and as a federal prosecutor. Opinion: The Committee concluded that serving as a prosecutor is incompatible with judicial office and may create the appearance […]

May 12, 2017

NYS Advisory Committee on Judicial Ethics – Full-time Judge: Opinion 16-157

New York State Advisory Committee on Judicial Ethics Full-time Judge Volunteer Activities Opinion 16-157 Background: A new full-time judge asks if he may continue to engage in several volunteer activities. Opinion: The Committee concluded that a full-time judge may informally refer at-risk youth to religious or secular educational programs, assuming he does not frequently preside […]

May 10, 2017

NYS Advisory Committee on Judicial Ethics – Ex Parte Communication: Opinion 16-156

New York State Advisory Committee on Judicial Ethics Ex Parte Communication Thank You Note Opinion 16-156 Background: The inquiring judge received a letter from an attorney the judge decided a motion. The letter commended the judge on the decision, even though it was not in favor of the lawyer’s client. The inquiring judge asks if […]

May 9, 2017

NYS Advisory Committee on Judicial Ethics – Habitability of Housing: Opinion 16-154

New York State Advisory Committee on Judicial Ethics Habitability of Housing Duty to Disclose Opinion 16-154 Background:  A town justice who recently issued a final judgment in a summary proceeding involving a landlord and tenant is concerned about serious issues with the property which may impact habitability. Opinion: The Committee concluded that a judge may, […]

May 8, 2017

NYS Advisory Committee on Judicial Ethics – Conflict of Interest: Opinion 16-144

New York State Advisory Committee on Judicial Ethics Conflict of Interest Transferred Cases to Specialized Court Opinion 16-144 Background: A judge’s law clerk is seeking election as District Attorney. Since the judge will be disqualified from all matters involving the DA’s office for one year if the law clerk is elected, an administrative judge asks […]

May 5, 2017

NYS Advisory Committee on Judicial Ethics – Part-time Judge: Opinion 16-143

New York State Advisory Committee on Judicial Ethics Part-time Judge Associate of Judge’s Law Firm – Supervision and Assistance with Case Opinion 16-143 Background: A part-time lawyer judge asks if he may be personally involved, outside of court, in a case that his law firm associate is handling before another part-time lawyer judge in the […]

May 4, 2017

NYS Advisory Committee on Judicial Ethics – Attorney Misconduct: Opinion 16-132

New York State Advisory Committee on Judicial Ethics Attorney Misconduct Duty to Investigate Opinion 16-132 Background: The inquiring judge asks whether he must report a litigant’s former attorney for alleged, unspecified sexual misconduct briefly alluded to in open court and in the attorney’s absence. Opinion: The Committee concluded that if a judge receives information indicating […]

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