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NYS Advisory Committee on Judicial Ethics — Disqualification: Opinion 13-65
NYS Advisory Committee on Judicial Ethics Disqualification First Degree Relative — Dog Bite Cases Opinion 13-65 Background: The inquiring judge asked if he must disqualify himself from all cases involving a county sheriff’s office because his spouse is a sergeant with the county sheriff’s road patrol. Further, the judge asks whether he should be disqualified […]
NYS Advisory Committee on Judicial Ethics — Part-time Judge: Opinion 13-11
NYS Advisory Committee on Judicial Ethics Part-time Judge Law Firm Advertisement Opinion 13-11 Background: A part-time judge, a named partner in a law firm, asks if the firm may use his name and likeness in advertising; that the law firm represents clients in criminal matters. The ads will appear on restaurant placemats, telephone directories, newspapers […]
NYS Advisory Committee on Judicial Ethics — Memorial Service: Opinion 13-115
NYS Advisory Committee on Judicial Ethics Memorial Service Political Affiliation Opinion 13-115 Background: A judge asked whether he may attend and speak during a memorial service for the judge’s former district party leader. The judge states that the decedent’s county committee and political party will host the memorial service which will be open to the […]
NYS Advisory Committee on Judicial Ethics — Town Justice: Opinion 13-119
NYS Advisory Committee on Judicial Ethics Town Justice Civil Servant — Department of Motor Vehicles Opinion 13-119 Background: A judge asked whether it is ethically permissible for a non-lawyer/town justice to accept a full time civil service position with the county Department of Motor Vehicles. While the work site is located in the same county, […]
NYS Advisory Committee on Judicial Ethics — Retirement Party: Opinion 13-88
NYS Advisory Committee on Judicial Ethics Retirement Party Party to Litigation Opinion 13-88 Background: A judge reports that he was invited to a joint retirement party for several public officials who all hold the same office. One of the officials is one of several defendants in a case now before the judge. The judge asks […]
NYS Advisory Committee on Judicial Ethics — Judge’s Family Relationship: Opinion 13-114
NYS Advisory Committee on Judicial Ethics Judge’s Family Relationship Disqualification Opinion 13-114 Background: A judge asks whether he must disqualify himself when a defendant, who is the “judge’s spouse’s parent’s sibling’s child’s spouse’s sibling’s child,” appears in the judge’s court. Ruling: The committee concluded that a judge need not disqualify himself when a lit[...]
NYS Advisory Committee on Judicial Ethics — Recusal: Opinion 13-46
NYS Advisory Committee on Judicial Ethics Recusal First-degree Relative — Landlord-Tenant Opinion 13-46 Background: A full-time judge states that a particular agency of the county government is a tenant of the judge’s first-degree relative. The judge often presides over various county agencies or the county itself as a plaintiff or defendant. He asks whether he […]
NYS Advisory Committee on Judicial Ethics — Judicial Candidacy: Opinion 13-47
NYS Advisory Committee on Judicial Ethics Judicial Candidacy Appearance of Impartiality — Disqualification Post Election Opinion 13-47 Background: The judge states that he recently ran for elective judicial office and presided over a trial during the campaign. One litigant, proceeding pro se, has demanded the judge disqualify himself as the litigant’s adversary was employed as […]
NYS Advisory Committee on Judicial Ethics — Full-time Judge: Opinion 13-29
NYS Advisory Committee on Judicial Ethics Full-time Judge Participation in Panel Discussion — Travel and Lodging Expenses Opinion 13-29 Background: A full-time judge asked whether he may participate as a panelist at an annual conference of a not-for-profit association of legal and financial professionals involved in the structured settlement payment transfer process. The panel will […]
NYS Advisory Committee on Judicial Ethics — Community Service: Opinion 13-42
NYS Advisory Committee on Judicial Ethics Community Service Newspaper Ads Opinion 13-42 Background: The inquiring judge says his justice court has recently found it difficult to place defendants, who have been sentenced to community service, with local not-for-profit organizations. The judge asks whether it is ethically permissible for the court to run local newspaper or […]
NYS Advisory Committee on Judicial Ethics — Former Part-time Prosecutor: Opinion 13-44
NYS Advisory Committee on Judicial Ethics Former Part-time Prosecutor Disclosure — Media Criticism Opinion 13-44 Background: The inquiring judge states that, before becoming a judge, a local prosecutor had designated him to prosecute certain matters from time to time. Following some media criticism of the prosecutor’s office, however, the prosecutor revoked the designation without explanation.[...]
NYS Advisory Committee on Judicial Ethics — Part-time Judge: Opinion 13-7
NYS Advisory Committee on Judicial Ethics Part-time Judge Statewide Advisory Council — Participation Opinion 13-7 Background: A part-time judge asked whether he may accept an appointment to a legislatively established statewide council. The council reviews inmate grievances from local jail facilities in light of applicable laws and standards. The council then assesses and votes on […]
Case Digests
- 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
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- 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
- Rochester-area family sues over compromised medical records
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