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NYS Advisory Committee on Judicial Ethics — Family Member’s Criminal Proceeding: Opinion 12-143
NYS Advisory Committee on Judicial Ethics Family Member’s Criminal Proceeding Attendance Opinion 12-143 Background: An individual subject to the Rules Governing Judicial Conduct asked if he may attend criminal proceedings involving a 4th degree relative by blood or marriage. The inquirer does not preside in the court where the proceedings will be heard. Opinion: The committee […]
NYS Advisory Committee on Judicial Ethics — Attorney Referee: Opinion 13-06
NYS Advisory Committee on Judicial Ethics Attorney Referee Pocket Part Update — Compensation Opinion 13-06 Background: A court attorney referee asked whether he may write and edit the pocket part update for a commercially available for-profit legal publication. He would not offer interpretations or predictions of the law, but to report the holdings of relevant cases. […]
NYS Advisory Committee on Judicial Ethics — Judicial Campaigns: Opinion 12-114
NYS Advisory Committee on Judicial Ethics Judicial Campaigns Photograph of Public Official — Different Political Party Opinion 12-114 Background: A non-judge candidate for elective judicial office states that he posted photographs on his campaign website of the candidate standing with two other individuals at a social function or professional networking event that all three individuals attended[...]
NYS Advisory Committee on Judicial Ethics — Part-time Judge: Opinion 12-96
NYS Advisory Committee on Judicial Ethics Part-time Judge Traffic Ticket Negotiations Opinion 12-96 Background: A part-time judge was charged with a speeding violation. He asked whether he may personally or through an attorney negotiate with the prosecutor for a reduction or dismissal of the ticket. Opinion: The committee concluded that a judge charged with violating […]
NYS Advisory Committee on Judicial Ethics — Surrogate Court: Opinion 12-111
NYS Advisory Committee on Judicial Ethics Surrogate Court Family Member as Executor — Disqualification Opinion 12-111 Background: A Surrogate Court judge’s parent is the executor of an estate in an uncontested proceeding. The parent has retained a law firm to represent the parent. The judge asked whether he may preside over other matters in which […]
NYS Advisory Committee on Judicial Ethics — Post-verdict Motion: Opinion 12-78
NYS Advisory Committee on Judicial Ethics Post-verdict Motion New Trial — Recusal Opinion 12-78 Background: The inquiring judge states that he recently granted a criminal defendant’s motion to set aside a jury’s guilty verdict based on ineffective assistance of counsel. The defendant’s new attorney requested recusal. The judge asked whether he must disqualify himself from […]
NYS Advisory Committee on Judicial Ethics — Fundraising: Opinion 12-86
NYS Advisory Committee on Judicial Ethics Fundraising Non-judicial Event Co-sponsors Opinion 12-86 Background: The inquiring judge chairs a judge’s association planning committee for an upcoming educational conference regarding the past, present and future of a particular court. The planning committee includes both judges and lawyers who practice in the court. The judge asked if he […]
NYS Advisory Committee on Judicial Ethics — Not-for-profit Board of Directors: Opinion 12-80
NYS Advisory Committee on Judicial Ethics Not-for-profit Board of Directors Law Enforcement Program Opinion 12-80 Background: A full-time judge who presides over matters involving the county police department asked whether he may serve on the board of directors of a not-for-profit program that is intended to help young adults gain insight into a programs that offer […]
NYS Advisory Committee on Judicial Ethics — Part-time Judge: Opinion 12-58
NYS Advisory Committee on Judicial Ethics Part-time Judge President of Fire Company Opinion 12-58 Background: A newly elected part-time town justice asked whether he may continue to serve as president of a fire company. The fire company is a not-for-profit corporation and that the president and other officers are not elected in a public election, […]
NYS Advisory Committee on Judicial Ethics — Friendship with General Counsel of State Agency: Opinion 12-147
NYS Advisory Committee on Judicial Ethics Friendship with General Counsel of State Agency Opinion 12-147 Background: The inquiring judge is presiding in a matter where the attorney general is the attorney of record for a particular state agency. The judge knows the state agency’s general counsel personally because they were both employed in the same […]
NYS Advisory Committee on Judicial Ethics — Gifts: Opinion 12-136
NYS Advisory Committee on Judicial Ethics Gifts Free Tickets Opinion 12-136 Background: The inquiring judge, who presides in a particular county, asked whether he may accept two free passes for admission to a county fair from the sponsoring local not-for-profit organization. The judge states that local officials have also received complimentary passes, the value of […]
NYS Advisory Committee on Judicial Ethics — Not-for-Profit Organization: Opinion 12-142
NYS Advisory Committee on Judicial Ethics Not-for-Profit Organization Casino Night Opinion 12-142 Background: A full-time judge, who is also the president of a not-for-profit religious organization asked whether he may permit the organization to hold a “casino themed” fund raising event during the judge’s term of office. Only fake money will be used and the prizes […]
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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