Judicial Ethics Opinions

  • New York Law Journal

    Judicial Ethics Opinion 23-46

    By Committee on Judicial Ethics | January 10, 2024

    Where a judge's spouse is the Corporation Counsel and thus the head of the agency and/or attorney of record for the office: (1) In general, the judge must disqualify from any case involving the Corporation Counsel's office. However, this disqualification may be subject to remittal after full disclosure on the record, provided the judge's spouse remains permanently absent from the courtroom.

  • New York Law Journal

    Judicial Ethics Opinion 23-45

    By Committee on Judicial Ethics | January 9, 2024

    Where a judge was represented by private counsel in a hybrid Article 78 proceeding that has since concluded, must the judge continue to disclose or disqualify in matters involving the judge's private attorneys and/or other members of their law firm?

  • New York Law Journal

    Judicial Ethics Opinion 23-44

    By Committee on Judicial Ethics | January 8, 2024

    (1) For two years after the representation is completely terminated and all fees are paid, a judge is disqualified, subject to remittal, from all matters in which an attorney who personally represented the judge appears before the judge, and the judge must disclose the former representation when other attorneys from the same law firm appear before the judge.

  • New York Law Journal

    Judicial Ethics Opinion 23-43

    By Committee on Judicial Ethics | January 7, 2024

    A judicial candidate may appear in joint campaign advertisements only with candidates who make up the slate of which the judicial candidate is a part. Candidates are on the same slate if they (a) have been endorsed by the same political party and/or (b) will appear on the same political party's ballot line.

  • New York Law Journal

    Judicial Ethics Opinion 23-42

    By Committee on Judicial Ethics | January 4, 2024

    A part-time town justice may serve as a Nurse Clinic Manager for a county correctional facility in the same county, but must disqualify from any matter involving an inmate for whom the judge personally reviewed the inmate's medical file or otherwise personally participated in the inmate's care, either directly or as a supervisor.

  • New York Law Journal

    Judicial Ethics Opinion 23-41

    By Committee on Judicial Ethics | January 3, 2024

    A judge need not take any further action after being inadvertently exposed to a list of campaign contributors and should not investigate whether a prospective appointee was a campaign contributor.

  • New York Law Journal

    Judicial Ethics Opinion 23-40

    By Committee on Judicial Ethics | January 2, 2024

    A judge is not disqualified from presiding over an Article 78 proceeding to compel a police department to disclose certain disciplinary records merely because the judge's spouse, now fully retired, was formerly a high-ranking police official in another county.

  • New York Law Journal

    Judicial Ethics Opinion 23-39

    By Committee on Judicial Ethics | December 26, 2023

    A quasi-judicial official whose significant other is a businessperson may take part in gifts and benefits provided by various businesses as their significant other's guest, where (1) the significant other and the business donors do not have, and are unlikely to have in the future, interests that are likely to come before the referee and (2) the receipt of such gifts would not create the impression that such businesses are in a special position to influence the referee.

  • New York Law Journal

    Judicial Ethics Opinion 23-38

    By Committee on Judicial Ethics | December 25, 2023

    May a town justice, whose spouse is employed by a local not-for-profit parochial school, display in front of the judge's home a sign advertising the name of the school, grade levels and a phone number?

  • New York Law Journal

    Judicial Ethics Opinion 23-36

    By Committee on Judicial Ethics | December 21, 2023

    Where a judge concludes that an attorney disregarded a court directive and engaged in a deliberate deception, intended to perpetrate a fraud and deceive the parties and/or the court, the judge must report the attorney to the appropriate grievance committee.

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