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NYS Advisory Committee on Judicial Ethics

Dec 1, 2015

Advisory Committee on Judicial Ethics – Fourth Degree Relative: Opinion 14-147

NYS Advisory Committee on Judicial Ethics Fourth Degree Relative Second Degree of Relationship – Law Firm Colleagues Opinion 14-147 Background: A full-time judge has a relative within the fourth degree, but beyond the second degree of relationship who is “of counsel” to a law firm. The judge states that the firm has open cases before […]

Nov 30, 2015

Advisory Committee on Judicial Ethics – Judicial Candidacy: Joint Opinion 15-112/15-146

NYS Advisory Committee on Judicial Ethics Judicial Candidacy Payment arrangements to Campaign Workers Joint Opinion 15-112/15-146 Background: Two judicial candidates seek guidance about specific payment arrangements intended to compensate campaign workers for their efforts in supporting their campaigns. One candidate wishes to pay individuals for time spent circulating petitions and gathering sign[...]

Nov 21, 2015

Advisory Committee on Judicial Ethics – Court Attorney Referee: Opinion 15-69

NYS Advisory Committee on Judicial Ethics Court Attorney Referee Filing Grievance – Disqualification Opinion 15-69 Background: The inquiring court attorney referee learned of facts indicating serious misconduct by a law firm while appearing before him. He reviewed his concerns with the referring justice, who ultimately reported the law firm to the attorney grievance committee. Opinion: […[...]

Nov 20, 2015

Advisory Committee on Judicial Ethics – Prior Victim of Domestic Violence: Joint Opinion 15-35 & 15-75

NYS Advisory Committee on Judicial Ethics Prior Victim of Domestic Violence First-Degree Relative Victim of DUI Crash Joint Opinion 15-35 & 15-75 Background: In the first inquiry, the judge states that a first-degree relative was killed by a driver charged with driving under the influence of drugs or alcohol. The media covered the case and […]

Nov 19, 2015

Advisory Committee on Judicial Ethics – Disqualification: Opinion 15-168

NYS Advisory Committee on Judicial Ethics Disqualification Disclosure – Attorney Reference Opinion 15-168 Background: The inquiring judge asked whether disclosure or recusal is required when an attorney who served as a reference for his appointment to his current position appears before him more than two years after the appointment. Opinion: The committee concluded that neither […]

Nov 19, 2015

Advisory Committee on Judicial Ethics – Administrative Employee: Opinion 15-52

NYS Advisory Committee on Judicial Ethics Administrative Employee Outside Transcription Service – Insulation Opinion 15-52 Background: The supervising judge of a court states that an employee with administrative/clerical duties has accepted outside employment as a freelance provider of transcription services for private attorneys. Opinion: The committee concluded that a judge may preside over a [...]

Nov 14, 2015

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. […]

Nov 12, 2015

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 […]

Nov 10, 2015

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 […]

Nov 6, 2015

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 […]

Nov 2, 2015

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 […]

Oct 14, 2015

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 […]

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