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: A judicial association may not submit an amicus brief to the Court of Appeals in a pending appeal to express its members’ concern, as trial judges, about the practical effects of a recent Appellate Division decision that trial judges lack statutory authority to take a particular action in connection with sentencing. The judicial association and/or individual judges may instead propose changes to applicable statutes which affect sentencing procedures in their courts. However, if it is not possible to advocate for the desired statutory change without publicly commenting on a specific, identifiable case, they must wait until the case is completely resolved. Rules: 22 NYCRR 100.(U), (V); 100.2; 100.2(A); 100.2(C); 100.3(B)(6)(c); 100.3(B)(8); 100.3(C)(1); 100.4(C)(1); 100.4(G); 100.5(A)(1)(iii); Opinions 15-100; 15-50; 14-26; 13-189/14-02; 12-96; 12-18; 10-175; 05-71; 99-172; 98-77; 97-97; 88-159.
