The 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 former associate justice George D. Marlow of the Appellate Division and Margaret Walsh, a Family Court judge and acting justice of the state Supreme Court.
Digest: (1) A judge is not required to disclose or recuse in matters involving the chief clerk’s former private law firm employer. However, the clerk must be insulated from any matters in which he/she was personally involved, including matters where he/she prepared, witnessed or notarized a will now offered for probate. (2) The judge may likewise preside over matters in which the chief clerk’s attorney spouse appears, subject to insulation of the clerk. SCPA §§2609(1)(a); 2605(3); 22 NYCRR 100.2; 100.2(A); 100.2(B); 100.3(E)(1); Opinions 16-14; 15-172; 15-43; 14-27; 12-176; 12-155; 10-180; 09-211; 09-111(A); 09-27; 07-105/07-119; 96-85.
