The Advisory 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 the Honorable Margaret Walsh, a justice of the supreme court in Albany County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Digest: (1) A judge may not permit the court clerk to compile information for the sheriff’s office about defendants who have missed court appearances, but may permit sheriff’s office personnel to access court records in the same manner as other members of the public in accordance with applicable law. (2) A judge may permit the court clerk to sign a supporting deposition prepared by the sheriff’s office concerning a defendant’s missed court appearances, based on information of public record contained in the court files, provided the judge concludes it is legally permissible for the court clerk to do so. (3) Where the prosecutor thereafter brings a new bail-jumping charge based on that supporting deposition, and seeks an arrest warrant on that charge, the judge may preside in the matter if the judge can be fair and impartial.

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