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 whose law clerk becomes the District Attorney is disqualified, subject to remittal where permitted, from presiding in cases involving the DA’s office for one year, even if the judge is presiding in Veterans Court. (2) To the extent lawful, practical and appropriate, it is ethically permissible to streamline the remittal process by incorporating the requisite disclosures and consents into the parties’ and their counsel’s written agreement to transfer the case to Veterans Court. Judiciary Law §14; 22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.3(E)(1)(a)-(f); 100.3(F); Opinions 16-130; 16-67; 15-58; 11-64; 07-78/07-121; People v Moreno, 70 NY2d 403 (1987).