Judicial Ethics Opinions

  • New York Law Journal

    Judicial Ethics Opinion 22-136

    By Committee on Judicial Ethics | July 11, 2023

    A part-time town justice may not simultaneously be employed part-time as a community school liaison with the county sheriff's office.

  • New York Law Journal

    Judicial Ethics Opinion 22-135

    By Committee on Judicial Ethics | July 10, 2023

    A part-time judge, who also serves as a deputy town attorney for another town, may not in their role as town attorney assist the town police department in seeking Extreme Risk Protection Orders.

  • New York Law Journal

    Judicial Ethics Opinion 22-134

    By Committee on Judicial Ethics | July 9, 2023

    May a county court judge permit their law clerk to run for and hold office as a county legislator in a county which is not contiguous to the county in which the judge presides?

  • New York Law Journal

    Judicial Ethics Opinion 22-133

    By Committee on Judicial Ethics | July 6, 2023

    Where a judge knows their spouse retained counsel on a personal legal matter, and that attorney represents other clients before the judge: (1) During the representation, the judge is disqualified in matters involving that attorney, and must not preside unless the disqualification is properly remitted after full disclosure on the record. (2) Once the representation concludes and all fees are paid, and provided that the judge had no direct interest in the subject matter of their spouse's representation, for two years, the judge must fully disclose the former representation when the attorney appears, but may then preside as long as the judge can be fair and impartial. (3) After the two-year post-representation period, the judge has no further obligation to disclose or recuse.

  • New York Law Journal

    Judicial Ethics Opinion 22-132

    By Committee on Judicial Ethics | July 5, 2023

    A judge may preside in matters involving the ex-spouse of the judge's fifth-degree relative. The judge's prior recusals, made during the relative's marriage, do not require recusal in all subsequent matters involving the same litigants.

  • New York Law Journal

    Judicial Ethics Opinion 22-131

    By Committee on Judicial Ethics | July 4, 2023

    A town justice who is also a court clerk in family court may not preside over a justice court criminal case, where the defendant is also a party in a family court action involving similar allegations and the town justice previously heard allegations or testimony pertaining to that case in family court.

  • New York Law Journal

    Judicial Ethics Opinion 22-130

    By Committee on Judicial Ethics | July 2, 2023

    (1) Where a judge's non-attorney child is employed as an assistant/"runner" with a law firm, the judge is disqualified, subject to remittal, whenever an attorney from the law firm appears in the judge's court. This obligation continues throughout the child's employment with the law firm. (2) The judge may not appoint attorneys from the law firm to fiduciary positions during the relative's employment with the law firm.

  • New York Law Journal

    Judicial Ethics Opinion 22-129 (Amended)

    By Committee on Judicial Ethics | June 29, 2023

    A judicial candidate may not authorize a political party committee to solicit and accept campaign contributions on their behalf in lieu of forming a campaign committee.

  • New York Law Journal

    Judicial Ethics Opinion 22-128

    By Committee on Judicial Ethics | June 27, 2023

    A part-time town justice may not maintain employment as an "asset protection specialist" for a large retail chain.

  • New York Law Journal

    Judicial Ethics Opinion 22-127

    By Committee on Judicial Ethics | June 21, 2023

    A part-time town justice may serve as a per diem chaplain for the Department of Corrections and Community Supervision in another county, but must disqualify from any case involving an inmate to whom they rendered pastoral care or assistance.

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