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 27 current and retired judges and headed by former associate justice George D. Marlow of the Appellate Division, 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.
Digest: A judge who is a defendant in a bank’s foreclosure action in an individual and fiduciary capacity may nonetheless preside over an unrelated action in which a party has subpoenaed records from the bank, including a party’s motions to quash the subpoena, provided the bank is not a party to the action before the judge but is only a stakeholder which has not appeared or taken a position regarding the subpoena. Rules: Judiciary Law §14; 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.3(E)(1)(a)-(f); 100.4(D)(2); 100.4(E)(1); 100.3(F); Opinions 13-64; 10-168; 10-96; 09-12; 07-206; 04-02; 95-38; People v. Moreno, 70 NY2d 403 (1987).
