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.
3 minute read
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.
8 minute read
By Committee on Judicial Ethics | September 24, 2023
When a town justice learns that the court clerk and the clerk's children served as paid witnesses for a local attorney's clients on a limited number of occasions, and have since stopped at the advice of the judge, must the judge take any further action with respect to the court clerk's conduct?
2 minute read
By Committee on Judicial Ethics | September 21, 2023
Where a part-time attorney judge unknowingly arraigned a defendant who was a complaining witness against one of the judge's clients in an unrelated case, but then, on discovering the conflict, immediately transferred the matter to the co-judge and notified all parties, the judge need not take any further action.
4 minute read
By Toby Kleinman and Daniel Pollack | September 21, 2023
Where a judge, absent a jury has listened to the testimony, heard the evidence, determined the credibility of parties and witnesses, and made a determination in a child custody case, one may wonder if continuing on a case thereafter dealing with similar issues, opens the door for a reasonable person to question a judge's ability to remain impartial.
9 minute read
By Committee on Judicial Ethics | September 20, 2023
A full-time judge who participated in writing a screenplay before assuming judicial office (1) may be credited by name as a writer in the ensuing fictional film, notwithstanding that the judge's contributions were based on the judge's prior unsuccessful efforts to seek judicial office and other experiences but (2) may not participate in a question and answer session following the screening of the film, even in an academic setting.
5 minute read
By Charles Toutant | September 20, 2023
In imposing the censure, the New Jersey Supreme Court opted for the strictest form of punishment available short of a suspension from office.
3 minute read
By Avalon Zoppo | September 20, 2023
"We all would prefer a different outcome for our friend and colleague," the council wrote. "However, we have a solemn obligation...."
4 minute read
By Committee on Judicial Ethics | September 19, 2023
(1) A judge must report an attorney who, on learning that a non-party would only honor a judicial subpoena, personally signed a subpoena above the judge's name and served it on the non-party. However, reporting may wait until the conclusion of the case.
8 minute read
By Committee on Judicial Ethics | September 18, 2023
May a full-time judge, who has independently written and published a bench book, sell copies of that book to the supervising judge of another court in the Unified Court System for distribution to judges in that court?
2 minute read
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