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NYS Advisory Committee on Judicial Ethics – Law Clerk’s Spouse: Opinion 15-132
New York State Advisory Committee on Judicial Ethics Law Clerk’s Spouse Hiring Secretary Opinion 15-132 Background: A full-time judge ask whether he may hire his current law clerk’s spouse as the judge’s secretary. The judge has known the law clerk’s spouse for over a decade and considers the spouse “abundantly qualified and competent” for the […]
NYS Advisory Committee on Judicial Ethics – Assuming Judicial Office: Opinion 15-128
New York State Advisory Committee on Judicial Ethics Assuming Judicial Office Winding Up Law Firm Affairs – Unavailable Former Partner Opinion 15-128 Background: An attorney who is winding down his law practice prior to assuming a full-time judicial office states that his law partner will be unavailable for a period of time for medical reasons. […]
NYS Advisory Committee on Judicial Ethics – Gifts: Opinion 15-122
New York State Advisory Committee on Judicial Ethics Gifts Food Platter – Former Judge Opinion 15-122 Background: The inquiring full-time judge asked if he may allow a former judge, who appears as a lawyer before him, to give the judge and his staff a food platter. Alternatively, he asked if he may accept the food […]
NYS Advisory Committee on Judicial Ethics – Conflict: Opinion 15-119
New York State Advisory Committee on Judicial Ethics Conflict Duty to Report Opinion 15-119 Background: A county court judge who received a request to transfer a criminal matter to another local court post-arraignment asks whether he must report the arraigning justice to the Commission on Judicial Conduct. After the arraignment, both local justices requested the […]
NYS Advisory Committee on Judicial Ethics – Response to Public Criticism of a Judge: Opinion 15-100
New York State Advisory Committee on Judicial Ethics Response to Public Criticism of a Judge Opinion 15-100 Background: The inquiring judge asked whether a judicial association may publically respond to a newspaper article which sets forth a local attorney’s criticism of another judge. The attorney criticized the judge for including statements about a juror in […]
NYS Advisory Committee on Judicial Ethics – Appearance of Impropriety: Opinion 15-99
New York State Advisory Committee on Judicial Ethics Appearance of Impropriety Observing Police Training Opinion 15-99 Background: The inquiring part-time judge asked whether a magistrate association, of which the judge is a member, may tour a state police headquarters and watch the training process of a DWI arrest. The district attorney’s office and the public […]
NYS Advisory Committee on Judicial Ethics – Former Representation: Opinion 15-221
New York State Advisory Committee on Judicial Ethics Former Representation Disclosure – Period of Disclosure Opinion 15-221 Background: The inquiring judge asked if the time in which he must disclose that his former partners left his law firm and formerly represented the local district attorney on certain civil matters is limited. Opinion: The Committee concluded […]
Advisory Committee on Judicial Ethics – School Honoree Fund-Raiser: Opinion 15-60
New York State Advisory Committee on Judicial Ethics School Honoree Fund-Raiser – Attendance Opinion 15-60 Background: The inquiring judge states that he initially agreed to be one of multiple honorees at a fund-raiser for a school the judge attended before college. The invitations will bear the judge’s name along with the other honorees. The judge […]
Advisory Committee on Judicial Ethics – Former Client: Opinion 15-51
NYS Advisory Committee on Judicial Ethics Former Client Former Law Firm – Financial Relationship Opinion 15-51 Background: A full-time judge, on the bench for under two years, asks if disqualification is required in a case involving a current or former client of the judge’s former law firm. The judge practiced law with the firm for […]
Advisory Committee on Judicial Ethics – Judge as Author: Opinion 15-182
NYS Advisory Committee on Judicial Ethics Judge as Author Judge’s Appearances – Television Show Opinion 15-182 Background: A full-time judge has written a book about a particular area of law, drawing on his prior judicial experiences in a court where he presided in that area of law. His book includes recommendations about new approaches to […]
Advisory Committee on Judicial Ethics – Traffic Ticket Diversion Program: Opinion 15-34
NYS Advisory Committee on Judicial Ethics Traffic Ticket Diversion Program Plea Deal Approval Opinion 15-34 Background: Two trial court judges ask whether they may approve plea agreements that hinge on a defendant’s participation in a local prosecutor’s traffic ticket diversion program. Eligible defendants must pay a $200 non-refundable application fee to apply for the program. […]
Advisory Committee on Judicial Ethics – Judge’s Former Personal Friend: Opinion 15-45
NYS Advisory Committee on Judicial Ethics Judge’s Former Personal Friend Colleagues Opinion 15-45 Background: A full-time judge states than an attorney who was formerly the judge’s close personal friend and law partner is currently seeking a position in a government law office. Although the judge and the attorney have been friends since childhood, the two […]
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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