X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.


http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48525

Justice Fisher

DISMISSING SIX counts of second-degree receiving reward for official misconduct, the court ruled that defendant judge must stand trial for one count each of third-degree bribe receiving, official misconduct and receiving unlawful gratuities. Based on People v. LaCarruba, defendant argued that his alleged violation of certain “Judicial Conduct” provisions of the Rules of the Chief Administrator of the Courts cannot be criminally enforced because they were never legislatively enacted or adopted. As well as rejecting the prosecution’s assertion that the Code of Judicial Conduct was incorporated into the Rules of the Chief Administrator of the Courts subject to a constitutional command that judges’ conduct shall be subject to rules “promulgated by the chief administrator of the courts,” the court noted that the preamble to the Rules’ “Judicial Conduct” portion states that the rules are not “intended as a basis for . . . criminal prosecution.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.