Judicial Ethics Opinions

  • New York Law Journal

    Judicial Ethics Opinion 23-26

    By Committee on Judicial Ethics | December 7, 2023

    (1) A judge who is concerned about violations of property maintenance regulations in the judge's neighborhood may publicly express the judge's personal views as a private citizen whose personal interests are affected by the lack of zoning enforcement, including at a public meeting of the city council or in a letter to the editor. (2) On these facts, the judge may also draw on the judge's prior experiences as a city prosecutor and a city court judge to propound suggestions to the mayor and city council about how the local court could address these quality-of-life issues, but should not refer to the judge's present judicial status in doing so.

  • New York Law Journal

    Judicial Ethics Opinion 23-25

    By Committee on Judicial Ethics | December 6, 2023

    (1) A full-time judge who learns that a law firm's website advertises its experience appearing before particular judges, and hosts individual biographical pages for those judges on its own website in a format that combines the judges' information with the solicitation of business, must request in writing that the firm take down these biographical pages and remove the associated links. (2) On these facts, reporting is not mandated; any exercise of the judge's disciplinary functions is left to the judge's sole discretion.

  • New York Law Journal

    Judicial Ethics Opinion 23-24

    By Committee on Judicial Ethics | December 5, 2023

    A judge who concludes there is a substantial likelihood that an attorney sought to compromise a criminal prosecution for personal financial gain must report that attorney to the grievance committee.

  • New York Law Journal

    Judicial Ethics Opinion 23-22

    By Committee on Judicial Ethics | December 4, 2023

    May a full-time judge volunteer in a mock trial program and teach an extracurricular law class for students at a not-for-profit private high school?

  • New York Law Journal

    Judicial Ethics Opinion 23-21

    By Committee on Judicial Ethics | December 3, 2023

    Although a judge must respect and comply with the law, the Advisory Committee on Judicial Ethics cannot resolve legal or administrative questions and declines to comment on past conduct, hypothetical conduct, or the conduct of third parties.

  • New York Law Journal

    Judicial Ethics Opinion 23-20

    By Committee on Judicial Ethics | November 30, 2023

    (1) On these facts, a judge who has first-hand knowledge of an attorney's insistence on undertaking a particular representation, notwithstanding the judge's prior warnings about a clear conflict of interest, must take "appropriate action." (2) Where the attorney's conduct does not rise to such an egregious level that it seriously calls into question the attorney's honesty, trustworthiness or fitness as a lawyer, the judge has full discretion to determine what action is "appropriate" under the circumstances.

  • New York Law Journal

    Judicial Ethics Opinion 23-19

    By Committee on Judicial Ethics | November 29, 2023

    (1) On the facts presented, a town justice may acquiesce in the town supervisor's proposed changing of locks to the court offices, pursuant to a town resolution and town policy. (2) If, as events unfold, the judge finds that the town supervisor abuses their access to court areas, otherwise interferes with court operations, or undermines judicial independence, the judge should report any such actions to an appropriate supervising or administrative judge.

  • New York Law Journal

    Judicial Ethics Opinion 23-18

    By Committee on Judicial Ethics | November 28, 2023

    (1) On the facts presented, it is necessary to amend the proposed form to make clear that any disposition of the matter by way of a plea is subject to court approval. (2) Once that change is made, there is no ethical impropriety in the proposed simplified form that would neutrally inform defendant motorists who have mailed in "not guilty" pleas on alleged Vehicle and Traffic Law violations of all their options (including the right to retain an attorney; to continue to plead not guilty and have a trial; to plead guilty and waive the right to trial; and the possibility of communicating directly with the prosecutor to negotiate a mutually acceptable disposition subject to the court's approval).

  • New York Law Journal

    Judicial Ethics Opinion 23-17

    By Committee on Judicial Ethics | November 27, 2023

    Will the Committee reconsider Opinion 22-131, based on the provided details of specific assignments as family court chief clerk/court clerk and town justice in the same county? Is there a time limit on the insulation and disqualification obligations set forth in Opinion 22-131?

  • New York Law Journal

    Judicial Ethics Opinion 23-16

    By Committee on Judicial Ethics | November 26, 2023

    A judge need not disclose or disqualify from a case merely because a party's high-level employee, who will be present in the courtroom, also (1) was previously a client of the judge more than two years ago and (2) is married to a public official who was recently on the same slate as the judge and publicly endorsed the judge.

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