By Committee on Judicial Ethics | April 4, 2024
Whether a judge may ask a defendant questions about court-ordered treatment when the defendant appears before the judge for a status review is a legal issue beyond our jurisdiction. It is, however, ethically permissible for the judge to ask legally permissible questions.
By Committee on Judicial Ethics | April 3, 2024
A full-time judge may serve as a non-legal advisor on a stakeholders committee to advise the county on an assigned counsel program that will provide legal assistance to eligible litigants, where the program will not appear in litigation but instead will contract with private attorneys to undertake representation.
By Andrew Lavoott Bluestone | April 3, 2024
The most important time limit in litigation is the date upon which the case becomes officially too old to commence. In some states there are statutes of repose, but in New York it is the statute of limitations that controls almost every aspect of litigation.
New York Law Journal | Analysis
By Frances Green and Rebecca Porter | April 2, 2024
The evolution of AI programs presents an interesting dichotomy: If they are proven successful by increasing efficiency and enhancing effectiveness, should there also be a threshold mandate for their use in the legal profession, and if so, what ethical mandates should sit alongside such requirements?
By Committee on Judicial Ethics | March 28, 2024
A city court judge whose caseload may include criminal matters may attend meetings of local not-for-profit neighborhood/community groups as a guest speaker. At such meetings, the judge (1) should not speak about the root causes of violence and potential solutions through the lens of the judge's past and current professional experiences but (2) may otherwise discuss a variety of legal topics, including court procedures, the judge's professional career and judicial role, and governing law, subject to generally applicable limitations on judicial speech and conduct.
By Committee on Judicial Ethics | March 27, 2024
A full-time judge may (1) serve as treasurer of their local American Legion post and (2) participate in a regional American Legion service committee which strives to help women veterans, subject to generally applicable limitations on judicial speech and conduct.
New York Law Journal | Analysis
By Anthony E. Davis and Janis M. Meyer | March 27, 2024
When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.
By Committee on Judicial Ethics | March 26, 2024
Must a part-time attorney judge disqualify in matters involving a prosecutor whose spouse is a partner in the judge's own law firm?
By Committee on Judicial Ethics | March 25, 2024
A judge is not disqualified from presiding in a wrongful death and civil rights action arising out of an incident in a county facility, merely because the underlying events occurred while the judge was a county legislator who voted on the county budget. Under the circumstances, disclosure is entirely discretionary.
By Committee on Judicial Ethics | March 24, 2024
(1) A full-time judge who is, along with their siblings, a beneficiary of their parent's estate may (a) assist the sibling who is serving as executor in selecting an attorney for the estate; (b) review documents relating to the estate and the probate proceedings; (c) discuss the estate and the proceedings with the other sibling beneficiaries; and (d) provide free legal advice to their siblings, including the executor, regarding the estate and the proceedings. However, the judge may not represent their siblings or the estate, nor participate in meetings with estate counsel.
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