NYS Advisory Committee on Judicial Ethics — Law Clerk: Opinion 13-78
NYS Advisory Committee on Judicial Ethics Law Clerk Election — District Attorney Opinion 13-78 Background: The inquiring judge asked whether his law clerk may continue to work on cases prosecuted by the District Attorney’s Office while the law clerk is the district attorney’s opponent in an upcoming election. Opinion: The committee concluded that, assuming the […]
NYS Advisory Committee on Judicial Ethics — Attorney Misconduct: Opinion 13-77
NYS Advisory Committee on Judicial Ethics Attorney Misconduct Judicial Obligation Opinion 13-77 Background: The inquiring judge asked whether he is required to report an attorney for misconduct. The attorney in question filed a verified complaint against a former client. In the complaint, the attorney swears that he advised the client that the client’s lawsuit was […]
NYS Advisory Committee on Judicial Ethics — Political Participation: Opinion 13-22
NYS Advisory Committee on Judicial Ethics Political Participation Sporting Event Opinion 13-22 Background: A judge, who is not in his window period, asked whether he may participate in an informal, friendly sporting event organized by two local political parties. The event is not a fundraiser and is not in furtherance of a partisan political purpose. The […]
NYS Advisory Committee on Judicial Ethics — Social Hospitality: Opinion 12-185
NYS Advisory Committee on Judicial Ethics Social Hospitality Dinner Guest Opinion 12-185 Background: The inquiring judge has recently been re-assigned and will no longer preside in cases involving a specialized area of law. In recognition of the inquiring judge’s service, the attorneys who regularly practice in the specialized area of law and who have regularly […]
NYS Advisory Committee on Judicial Ethics — Charitable Donations: Opinion 13-18
NYS Advisory Committee on Judicial Ethics Charitable Donations Acknowledgment of Donation Opinion 13-18 Background: The inquiring judge asked whether he may make a charitable donation and permit the charity to acknowledge the donation by displaying a sign bearing the judge’s name and judicial title during the charity’s fundraising golf outing. Opinion: The committee concluded that a […[...]
NYS Advisory Committee on Judicial Ethics — Judicial Misconduct: Opinion 13-71
NYS Advisory Committee on Judicial Ethics Judicial Misconduct Reporting Requirements Opinion 13-71 Background: The inquiring judge asked whether he is required to report another judge for engaging in misconduct. The judge in question presided in a criminal case where the lawyer who represented the defendant was also representing the judge before the Commission on Judicial […]
NYS Advisory Committee on Judicial Ethics — Not-for-profit Education Group: Not-for-profit Education Group
NYS Advisory Committee on Judicial Ethics Not-for-profit Education Group Judge’s Participation Opinion 12-156 Background: A judge asked if he may participate in a not-for-profit organization’s training academy planning group. The academy provides training to mental health providers and seeks to expand its audience to teach lawyers in order to educate lawyers on all sides of a […]
NYS Advisory Committee on Judicial Ethics — Judge’s Second Degree Relative: Opinion 13-90
NYS Advisory Committee on Judicial Ethics Judge’s Second Degree Relative County Department Opinion 13-90 Background: The inquiring judge asked to what extent, should he be elected to judicial office, his ability to preside in a county department’s cases would be affected where his second degree relative is the only department attorney who handles a certain class […]
NYS Advisory Committee on Judicial Ethics — Not-for-profit Education Group: Opinion 12-156
NYS Advisory Committee on Judicial Ethics Not-for-profit Education Group Judge’s Participation Opinion 12-156 Background: A judge asked if he may participate in a not-for-profit organization’s training academy planning group. The academy provides training to mental health providers and seeks to expand its audience to teach lawyers in order to educate lawyers on all sides of a […]
NYS Advisory Committee on Judicial Ethics — Not-for-profit Education Group: Opinion 12-156
NYS Advisory Committee on Judicial Ethics Not-for-profit Education Group Judge’s Participation Opinion 12-156 Background: A judge asked if he may participate in a not-for-profit organization’s training academy planning group. The academy provides training to mental health providers and seeks to expand its audience to teach lawyers in order to educate lawyers on all sides of a […]
NYS Advisory Committee on Judicial Ethics — Judge’s Second Degree Relative: Opinion 13-90
NYS Advisory Committee on Judicial Ethics Judge’s Second Degree Relative County Department Opinion 13-90 Background: The inquiring judge asked to what extent, should he be elected to judicial office, his ability to preside in a county department’s cases would be affected where his second degree relative is the only department attorney who handles a certain […]
NYS Advisory Committee on Judicial Ethics — Appearance of Impartiality: Opinion 13-66
NYS Advisory Committee on Judicial Ethics Appearance of Impartiality Conducting a Management Study for Police Department Opinion 13-66 Background: A part-time judge asked if he may conduct a management study for the police department that appears in his court. The judge stated that the study would require him to interact extensively with the chief of […]
Case Digests
- 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.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- 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
- Manslaughter conviction reversed after appeals court finds insufficient evidence