Judicial Ethics Opinions

  • New York Law Journal

    Judicial Ethics Opinion 22-177

    By Committee on Judicial Ethics | October 9, 2023

    (1) A judge who was formerly a supervisory-level attorney at the Legal Aid Society: (a) is permanently disqualified in cases in which the judge participated in any way as an attorney, whether in a personal or supervisory capacity and (b) is disqualified, subject to remittal, from presiding over matters involving former clients for a period of two years, commencing from the end date of the judge's employment with Legal Aid.

  • New York Law Journal

    Judicial Ethics Opinion 22-176

    By Committee on Judicial Ethics | October 5, 2023

    Must a judge who authorizes or knowingly permits their name to appear on a publicly circulated nominating petition as a candidate for nonjudicial office resign from judicial office?

  • New York Law Journal

    Judicial Ethics Opinion 22-175

    By Committee on Judicial Ethics | October 4, 2023

    A judge may participate in a not-for-profit entity's "backpack program" which provides a personalized gift to each adoptee and/or adoptive parent following a finalized adoption.

  • New York Law Journal

    Judicial Ethics Opinion 22-174

    By Committee on Judicial Ethics | October 3, 2023

    (1) At this time, the remaining duties described are not ministerial, as this specific matter remains open and pending in significant respects until and unless the judge receives information indicating that the former client has either consulted with an attorney or has refused to do so.

  • New York Law Journal

    Judicial Ethics Opinion 22-173

    By Committee on Judicial Ethics | October 2, 2023

    (1) Where an appellate judge successfully sought to vacate a vexatious lien filed by a disgruntled litigant against the judge's real property, the judge may nonetheless preside over appeals from other decisions or orders rendered by the lower court judge who granted the petition to vacate, provided the appellate judge can be fair and impartial.

  • New York Law Journal

    Judicial Ethics Opinion 22-172

    By Committee on Judicial Ethics | October 1, 2023

    On these facts, a judge who is deciding a disqualification application as a matter of law has no additional ethical obligations under the Rules. (1) The fact that the judge's first-degree relative is employed by a non-party real estate company that does business with one party in the litigation does not require disqualification, where neither the judge's relative nor the relative's employer has any interests that could be substantially affected by the proceeding. (2) The judge has full discretion to determine whether or not the judge has received information indicating a substantial likelihood that an attorney has committed a substantial violation of the Rules of Professional Conduct and, if so, what action is appropriate

  • New York Law Journal

    Judicial Ethics Opinion 22-170

    By Committee on Judicial Ethics | September 28, 2023

    A full-time judge (1) may write and teach on legal topics such as no-fault insurance arbitration but (2) may not respond to private inquiries from no-fault insurance arbitrators on specific cases.

  • New York Law Journal

    Judicial Ethics Opinion 22-171

    By Committee on Judicial Ethics | September 27, 2023

    May an appointed associate village justice also serve as elected town justice for the town in which the village is located?

  • New York Law Journal

    Judicial Ethics Opinion 22-169

    By Committee on Judicial Ethics | September 26, 2023

    A village justice who is a lawyer may represent the village mayor in providing legal advice and negotiations in the dissolution of the mayor's marriage.

  • New York Law Journal

    Judicial Ethics Opinion 22-168

    By Committee on Judicial Ethics | September 25, 2023

    Where a judge has been sued in the judge's former official capacity as a nonjudicial public official: (1) If the judge is being represented by the county attorney's office: (a) During the representation, the judge is disqualified, subject to remittal, from matters involving the specific county attorney who is undertaking the representation. (b) After the representation concludes, the judge may preside in matters involving that attorney, provided the judge can be fair and impartial. Disclosure of the former attorney/client relationship is discretionary. (c) Both during and after the representation, the judge has no obligation to disclose or recuse with respect to other county attorneys who have no involvement in representing the judge.

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