Advisory Committee on Judicial Ethics – First-Degree Relative: Opinion 15-159
NYS Advisory Committee on Judicial Ethics First-Degree Relative Town Clerk – Employed by Law Firm Opinion 15-159 Background: A town justice who has received administrative approval to hire a first-degree relative as town court clerk states that the relative is currently employed in a clerical capacity by a local law firm in a nearby municipality. […]
Advisory Committee on Judicial Ethics – Disqualification: Opinion 15-155
NYS Advisory Committee on Judicial Ethics Disqualification Corporation as Defendant – Securities Owned by Judge Opinion 15-155 Background: The inquiring full-time judge asks if he may preside in a number of similar cases involving certain large publicly traded corporations as defendants. The judge and his spouse own securities in several of those entities. The securities […]
Advisory Committee on Judicial Ethics – Co-Judge’s Spouse as Social Worker: Opinion 15-137
NYS Advisory Committee on Judicial Ethics Co-Judge’s Spouse as Social Worker Opinion 15-137 Background: The inquiring judge asked if he must disclose or disqualify himself when his co-judge’s spouse has served or may serve as a social worker for a defendant on referral by the probation department. Opinion: The committee concluded that the judge is […]
Advisory Committee on Judicial Ethics – Former “of Counsel” Relationship: Opinion 15-63
NYS Advisory Committee on Judicial Ethics Former “of Counsel” Relationship Fiduciary Appointments Opinion 15-63 Background: The inquiring judge, who was “of counsel” to a law firm five years ago and its tenant 10 years ago, asks if he may appoint a partner of that law firm to fiduciary positions in court. Opinion: The committee concluded […]
Advisory Committee on Judicial Ethics – Gift from Local Sports Team: Opinion 15-12
NYS Advisory Committee on Judicial Ethics Gift from Local Sports Team Opinion 15-12 Background: The inquiring judge states that a local minor league sports team is offering free tickets and parking vouchers for a game of one’s choice to certain members of the community, including the inquiring town judge. The team is a for-profit entity […]
Advisory Committee on Judicial Ethics – Judge’s Divorce: Opinion 15-08
NYS Advisory Committee on Judicial Ethics Judge’s Divorce Ethical Obligations Opinion 15-08 Background: The inquiring judge is a party in a contested matrimonial action, and the judge’s spouse is a private attorney. The judge asks about his ethical obligations. Opinion: The committee concluded that during the pendency of a judge’s matrimonial action, and while any […]
Advisory Committee on Judicial Ethics – Writing to American Consulate: Opinion 15-92(B)
NYS Advisory Committee on Judicial Ethics Writing to American Consulate Family Visit Opinion 15-92(B) Background: The inquiring judge wishes to invite members of his family, who are citizens of a foreign nation, to visit the judge in the United States for an upcoming family event. Opinion: The committee concluded that a judge may write to […]
Advisory Committee on Judicial Ethics – Window Period: Opinion 15-71
NYS Advisory Committee on Judicial Ethics Window Period Advocacy Organization’s Endorsement – Anti-abortion/Pro-choice Opinion 15-71 Background: The inquiring judge is in his window period for election to judicial office. He has been invited by a not-for-profit advocacy organization to attend, participate and answer questions before the organization’s screening committee to determine if his [...]
Advisory Committee on Judicial Ethics – Judge as Deacon: Opinion 15-92(A)
NYS Advisory Committee on Judicial Ethics Judge as Deacon Officer of Religious Institution Opinion 15-92(A) Background: The inquiring judge asks whether he may serve as a deacon at his church, preach sermons, make administrative announcements, and allow his sermons to be broadcast via live streaming on the Internet. Opinion: The committee concluded that a judge […]
Advisory Committee on Judicial Ethics – Media Reports: Opinion 15-30
NYS Advisory Committee on Judicial Ethics Media Reports Correcting Inaccuracies Opinion 15-30 Background: The inquiring full-time judge states that a local newspaper frequently publishes inaccurate information about cases pending in the judge’s court. This usually involves the incorrect crime or violation being charged, the identity of the arraigning judge, the return date, the existence or [&he[...]
Advisory Committee on Judicial Ethics – Judge’s Spouse: Opinion 15-39
NYS Advisory Committee on Judicial Ethics Judge’s Spouse Probation Department Refer Defendant’s to Spouse Opinion 15-39 Background: The inquiring judge regularly presides in criminal cases, but does not regularly sit in the separate domestic violence part of the same court. He asks if he may preside in cases which may potentially involve the judge’s spouse, […]
Advisory Committee on Judicial Ethics – Real Estate Transaction: Opinion 15-46
NYS Advisory Committee on Judicial Ethics Real Estate Transaction Police Officer – Terminated Transaction Opinion 15-46 Background: The inquiring judge states that he entered into a contract to purchase real property from an owner who is also a police officer and, thereafter, disqualified himself from the police officer’s search warrant applications based solely on the […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- 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.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- 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