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 is not required to appoint an expert whose competence he/she questions. If the judge believes he/she cannot be fair and impartial in weighing the expert’s testimony, he/she may not preside in cases involving the expert. Conversely, if the judge concludes he/she can be fair and impartial, the judge may preside, despite the expert’s apparent efforts to pressure the judge into appointing him/her. Judiciary Law §14; 22 NYCRR 100.2; 100.2(A); 100.3(C)(3); 100.3(E)(1)(a)-(f); Opinions 14-121; 06-12; 05-125; 00-10; 96-114; People v Moreno, 70 NY2d 403 (1987).
