The Committee on Judicial Ethics responds to written inquiries from New York state’s approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by former associate justice George D. Marlow of the Appellate Division and Margaret Walsh, a Family Court judge and acting justice of the state Supreme Court.
Digest: (1) Where a part-time lawyer judge’s law practice associate is representing a client in another court in the same county before another part-time lawyer judge, the judge may not personally participate in the representation by meeting with the client or discussing the case with opposing counsel, even if such activities will take place away from the courthouse. (2) The judge may nonetheless directly supervise a subordinate attorney who is representing the law practice’s clients in such matters, provided such supervision takes place in private, without involvement of the client, opposing parties or counsel, or the court in which the matter is heard. 22 NYCRR 100.2; 100.2(A); 100.6(B)(1)-(5); 100.6(B)(2); 100.6(B)(3); 22 NYCRR pt 1200, Rule 5.1(c); Opinions 14-80; 12-173; 11-150; 08-210/09-01; 08-87; 01-78; 88-131; People v Alfani, 277 NY 334 (1919); NY Jur2d §42, Attorneys at Law.
