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NYS Advisory Committee on Judicial Ethics

Sep 21, 2015

Advisory Committee on Judicial Ethics – Opinion 15-32

NYS Advisory Committee on Judicial Ethics Judge as Shareholder in Cooperative Housing Corporation Tax Proceedings Opinion 15-32 Background: The inquiring judge, who presides in tax certiorari cases, says he lives, as a shareholder, in a multiple dwelling owned by a cooperative housing corporation. He is not on the corporation’s board of directors, but has nonetheless […]

Sep 21, 2015

Advisory Committee on Judicial Ethics – Opinion 15-62 Amended

NYS Advisory Committee on Judicial Ethics Judge’s Spouse as Principal in LLC Rent to a Partisan Political Organization Opinion 15-62 Amended Background: A full-time judge’s spouse has a principle interest in a limited liability company which owns an apartment building. The spouse wishes to rent the storefront to a partisan political organization. The Judge has […]

Sep 19, 2015

Advisory Committee on Judicial Ethics – Opinion 15-16

NYS Advisory Committee on Judicial Ethics Impartiality Village Justice – Village Police Officers Opinion 15-16 Background: A village justice asked if he may preside in cases in which village police officers appear as they are both employees of the village. The justice has no social relationship with the police officers. Opinion: The committee concluded that […]

Sep 19, 2015

Advisory Committee on Judicial Ethics – Opinion 15-21

NYS Advisory Committee on Judicial Ethics County Executive Using Judge’s Name – Touting Public Transit System Opinion 15-21 Background: The inquiring judge learned that the county executive wishes to mention during an upcoming state of the county address that the judge uses a county-run public transit system and the judge finds the service to be […]

Sep 19, 2015

Advisory Committee on Judicial Ethics – Opinion 15-43

NYS Advisory Committee on Judicial Ethics Law Clerk Prior Employment – Non-Supervisory Role Opinion 15-43 Background: The inquiring judge recently hired a law clerk who had been employed in a non-supervisory role in a government law office whose attorneys, including the law clerk, regularly appeared in the judge’s court. Opinion: The committee concluded that a […]

Sep 17, 2015

Advisory Committee on Judicial Ethics – Opinion 15-07

NYS Advisory Committee on Judicial Ethics Part-time Judge – Public Service Snow Removal – Aiding Law Enforcement Opinion 15-07 Background: The inquiring part-time judge has cleared snow from the driveway of a now-abandoned commercial property near his home without compensation for several years as a courtesy. Members of the public, as well as law enforcement, […]

Sep 17, 2015

Advisory Committee on Judicial Ethics – Opinion 15-15

NYS Advisory Committee on Judicial Ethics Full-time Judge Board of Directors – Development Corporation Opinion 15-15 Background: A full-time judge asks if he may serve without pay on the board of directors of a community-based, not-for-profit local development corporation intimately connected with a particular educational institution and which played a significant role in that educational [&hell[...]

Sep 17, 2015

Advisory Committee on Judicial Ethics – Opinion 15-47

NYS Advisory Committee on Judicial Ethics Treatment Court Scope of Discretion – Ex Parte Communications Opinion 15-47 Background: The inquiring judge presides in a treatment court and asks if he may require individuals to engage in an exercise program as a condition of participating in the treatment court, absent a medical excuse. He also asks […]

Sep 16, 2015

Advisory Committee on Judicial Ethics – Opinion 14-157

NYS Advisory Committee on Judicial Ethics Part-time Judge Non-governmental Association as Client Opinion 14-157 Background: The inquiring part-time judge also serves as counsel to a particular non-governmental association whose members are elected and appointed municipal officials and employees. In this capacity, the judge has no attorney/client relationship with any of those attorneys. The associ[...]

Sep 16, 2015

Advisory Committee on Judicial Ethics – Opinion 14-186

NYS Advisory Committee on Judicial Ethics Town Justice Relative is Dog Control Officer Opinion 14-186 Background: The inquiring town justice states that his second-degree relative is the deputy dog control officer for the municipality where the judge presides. The judge asks his ethical obligations when a dog ticket case comes before him. Opinion: The committee […]

Sep 14, 2015

Advisory Committee on Judicial Ethics – Opinion 14-153

NYS Advisory Committee on Judicial Ethics Clothing Drive Bin Placement – Courtroom Opinion 14-153 Background: The inquiring judge asks if he may allow a bar association to place collection containers within the courtroom to collect hats, gloves and scarves for distribution to the local armed forces veterans. Opinion: The committee concluded that a judge may […]

Sep 14, 2015

Advisory Committee on Judicial Ethics – Opinion 14-154

NYS Advisory Committee on Judicial Ethics Brady Material Prior and Pending Offenses – District Attorney’s Request Opinion 14-154 Background: The inquiring judge asks if it is ethically permissible to comply with a district attorney’s request for a list of all pending offenses, regardless of the level, including traffic infractions. The district attorney stated that the […]

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