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NYS Advisory Committee on Judicial Ethics – Court Calendar: Opinion 15-217
New York State Advisory Committee on Judicial Ethics Court Calendar Distributed to Homeland Security Opinion 15-217 Background: The inquiring judge asked whether he may fax a copy of the court’s weekly calendar to the Department of Homeland Security for their review and determination in what defendants may be potential risks or illegal aliens, for the […]
Advisory Committee on Judicial Ethics – Former Client: Opinion 15-51
NYS Advisory Committee on Judicial Ethics Former Client Former Law Firm – Financial Relationship Opinion 15-51 Background: A full-time judge, on the bench for under two years, asks if disqualification is required in a case involving a current or former client of the judge’s former law firm. The judge practiced law with the firm for […]
Advisory Committee on Judicial Ethics – Judge as Author: Opinion 15-182
NYS Advisory Committee on Judicial Ethics Judge as Author Judge’s Appearances – Television Show Opinion 15-182 Background: A full-time judge has written a book about a particular area of law, drawing on his prior judicial experiences in a court where he presided in that area of law. His book includes recommendations about new approaches to […]
Advisory Committee on Judicial Ethics – Traffic Ticket Diversion Program: Opinion 15-34
NYS Advisory Committee on Judicial Ethics Traffic Ticket Diversion Program Plea Deal Approval Opinion 15-34 Background: Two trial court judges ask whether they may approve plea agreements that hinge on a defendant’s participation in a local prosecutor’s traffic ticket diversion program. Eligible defendants must pay a $200 non-refundable application fee to apply for the program. […]
Advisory Committee on Judicial Ethics – Judge’s Former Personal Friend: Opinion 15-45
NYS Advisory Committee on Judicial Ethics Judge’s Former Personal Friend Colleagues Opinion 15-45 Background: A full-time judge states than an attorney who was formerly the judge’s close personal friend and law partner is currently seeking a position in a government law office. Although the judge and the attorney have been friends since childhood, the two […]
Advisory Committee on Judicial Ethics – Parking Violations: Opinion 15-50
NYS Advisory Committee on Judicial Ethics Parking Violations Conditions of Sentence – Contacting other Jurisdictions Opinion 15-50 Background: The inquiring judge regularly presides in parking violations cases. He explains that until a defendant has three or more such violations in the same jurisdiction, the court cannot suspend the defendant’s license. When the judge imposes legally […[...]
Advisory Committee on Judicial Ethics – Spouse’s Former Law Firm: Opinion 15-33
NYS Advisory Committee on Judicial Ethics Spouse’s Former Law Firm Splitting of Legal Fees Opinion 15-33 Background: A full-time judge asked if a judge must recuse himself when the judge’s spouse’s former law firm appears, even if the spouse never handled the matter. When the spouse left the former law firm to open a new […]
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 […]
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[...]
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: […[...]
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 […]
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 […]
Case Digests
- 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.
- 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
Law News
- Espinosa named general counsel at Greenlight Networks
- 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
- 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
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