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NYS Advisory Committee on Judicial Ethics – Law Clerk: Opinion 15-172
New York State Advisory Committee on Judicial Ethics Law Clerk Former District Attorney – Insulation Opinion 15-172 Background: The inquiring judge plans to hire a former district attorney as his law clerk and asks if he may then preside in a murder case where the former district attorney was deeply involved. Opinion: The Committee concluded […]
NYS Advisory Committee on Judicial Ethics – Judge as Fact Witness: Opinion 16-106
New York State Advisory Committee on Judicial Ethics Judge as Fact Witness Opinion 16-106 Background: The inquiring judge asked if he may complete a Department of Social Services “Residency Verification” form which requests strictly factual information concerning the names of all adults and children in the home; requires that the form be filled out by […]
NYS Advisory Committee on Judicial Ethics Podcast Participant Legal Issues – Non-commercial Opinion 16-05
New York State Advisory Committee on Judicial Ethics Podcast Participant Legal Issues – Non-commercial Opinion 16-05 Background: A full-time judge asks if he may participate as an unpaid guest on two categories of non-commercial internet podcasts. The first group focuses on science fiction and comic book characters. The second category discusses legal issues in New […]
NYS Advisory Committee on Judicial Ethics – Letter to Municipality on Behalf of Court Officers: Memorial Opinion 16-89
New York State Advisory Committee on Judicial Ethics Letter to Municipality on Behalf of Court Officers Memorial Opinion 16-89 Background: A full-time judge asks whether he may, at the request of a court officer, sign a letter urging a municipality to add certain court officers’ names to the municipality’s existing memorial honoring first responders who […]
NYS Advisory Committee on Judicial Ethics – Judge Partnering with Not-For-Profit Domestic Violence Advocacy Program: Opinion 16-02
New York State Advisory Committee on Judicial Ethics Judge Partnering with Not-For-Profit Domestic Violence Advocacy Program Opinion 16-02 Background: A judge presiding in cases of domestic violence allegations asks if he may permit the court to partner with not-for-profit entities applying for federal grants to represent domestic violence victims in the judge’s court. Opinion: The […]
NYS Advisory Committee on Judicial Ethics – Ex parte Communication: Opinion 15-232
New York State Advisory Committee on Judicial Ethics Ex parte Communication Request Discovery Material before trial Opinion 15-232 Background: A judge how will be presiding over the trial stage of a criminal case asks if he may request from the prosecutor’s office, before the parties’ first appears, copies of discovery materials the prosecution previously produced […]
NYS Advisory Committee on Judicial Ethics – Disqualified Judge: Opinion 15-208
New York State Advisory Committee on Judicial Ethics Disqualified Judge Un-conflicted Law Clerk – Conference Cases Opinion 15-208 Background: A judge who is disqualified from certain cases due to his former legal practice asks if he may permit his personally appointed principal law clerk to conference those cases, at the request of the presiding judge. […]
NYS Advisory Committee on Judicial Ethics – Disqualification: Opinion 15-206
New York State Advisory Committee on Judicial Ethics Disqualification Judge’s Child Candidacy for Elected Office – Judge’s Child’s Opponent Opinion 15-206 Background: The inquiring judge’s child intends to seek elective judicial office. The judge asks whether, once the judge’s child becomes a candidate, the judge must recuse when a candidate opposing the judge’s child, such […[...]
NYS Advisory Committee on Judicial Ethics – Ex Parte Communications: Opinion 15-178
New York State Advisory Committee on Judicial Ethics Ex Parte Communications Elected Officials on Behalf of Constituents Opinion 15-178 Background: An administrative or supervising judge states elected officials often write to Housing Court judges ex parte on behalf of their tenant-constituents who are appearing before the court, either requesting specific consideration for the tenants and [&helli[...]
NYS Advisory Committee on Judicial Ethics – Not-for-profit Board Member: Opinion 15-190
New York State Advisory Committee on Judicial Ethics Not-for-profit Board Member Traffic Safety Education – Judicial Referrals of Defendants Opinion 15-190 Background: A part-time judge asked if he may serve without compensation on the board of directors for a not-for-profit agency with a broad educational mission that includes certain traffic safety education programs. The defendants […]
NYS Advisory Committee on Judicial Ethics – Disqualification: Opinion 16-66
New York State Advisory Committee on Judicial Ethics Disqualification Judge’s Grandchild’s Parent’s Attorney – Unpaid Legal Fees Opinion 16-66 Background: The inquiring judge has been disqualifying himself from hearing cases involving an attorney who previously represented the judge’s grandchild’s parent. Two years have passed, but the attorney and the former client have been in arbitr[...]
NYS Advisory Committee on Judicial Ethics – Assigned Counsel: Opinion 16-68
New York State Advisory Committee on Judicial Ethics Assigned Counsel Guidelines – Unethical Conduct Opinion 16-68 Background: An administrative or supervising judge asks about the propriety of following the Criteria and Procedures for Determining Financial Eligibility for Assignment of Counsel prepared by the Office of Indigent Legal Services pursuant to Executive Law Section 832. The […[...]
Case Digests
- 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
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
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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