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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.”

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