Claims that 20-attorney Gilbride Tusa Last & Spellane failed to perfect two investment funds' security interest in life insurance policies, leading to more than $84 million in damages, have been partially dismissed.
The Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,400 judges, who serve both full- and part-time. The committee's opinions interpret the Rules Governing Judicial Conduct (22NYCRR, Part 100) and the Code of Judicial Conduct. The committee, comprised of 26 current and retired judges and headed by former Justice George D. Marlow, also answers inquiries about proper campaign conduct from candidates for elective judicial office. The New York Law Journal publishes selected recent opinions of the committee.
Under the specific circumstances presented, where a judge (a) concludes that a prosecutor's proposed plea bargain in a case before the judge contradicts the People's prior statement on the record in another pending criminal case where the judge was the alleged victim, and (b) believes that non-disclosure of the apparent contradiction may constitute a fraud on the court and/or Brady/Giglio violations in the other criminal case, the judge must disclose the contradiction to the judge and lawyers in the other criminal case, and must disqualify him/herself from all cases involving the individual at issue.