Judicial Ethics Opinions

scan2_20040408_151702_017.pdf

Mon, 07 Mar 2005 15:24:17 EST

3 3 constitute the practice of law. 3 The judge may continue to serve in the capacities described in the inquiry, which entail involvement in "civic and charitable activities that do not reflect adversely upon [his] impartiality" in organizations that were "not conducted for the economic or politica

Opinion 00-01

Mon, 07 Mar 2005 15:12:00 EST

Opinion: 00-01. January 27, 2000. Digest: A full-time judge (1) may sell a patent for an invention owned by the judge; (2) may not lecture for compensation (a) at a public high school; (b) at a private school that is a for-profit educational institution; (c) on a cruise ship, including where the compensation

Opinion 00-03

Mon, 07 Mar 2005 15:04:58 EST

Opinion: 00-03. January 27, 2000. Digest: A newly-elected full-time judge may receive compensation for the equity value of the judge's share in a law partnership that is dissolving as a result of the judge's election, as determined in accordance with generally accepted accounting principles.

Opinion 00-04

Mon, 07 Mar 2005 15:04:59 EST

Opinion: 00-04. January 27, 2000. Digest: Under the circumstances presented, the positions of an acting village justice and town building inspector are incompatible, and the judge should not continue employment in both positions.Rule: 22 NYCRR 100.6(B)4) Opinions 90-188 (Vol. VI) 95-68 (Vol. XIII).

Opinion 00-05

Mon, 07 Mar 2005 15:04:59 EST

Opinion: 00-05. January 27, 2000. Digest: Under the circumstances, the judge's court attorney, who is the judge's personal appointee, should not serve as treasurer of the judge's re-election committee.Rule: 22 NYCRR 100.5(A)4)b) 100.5(A)5). A full-time judge, running for re-election asks whether the judge's court a

Opinion 00-06

Mon, 07 Mar 2005 15:04:59 EST

Opinion: 00-06. March 9, 2000. Digest: A part-time judge should not teach a defensive driving course if the justice is empowered to refer defendants to that course, or similar ones.Rule: 22 NYCRR 100.2; 100.2(B) Opinions 97-47 (Vol. XV) 96-37 (Vol. XIV). A part-time village and town justice inquires whet

Opinion 00-07

Mon, 07 Mar 2005 15:04:59 EST

Opinion: 00-07. January 27, 2000. Digest: A judge, who is considering bringing a defamation action against a newspaper, should not, by letter or otherwise, personally contact attorneys seeking their opinion as to accuracy of the newspaper articles, and should not use court time, resources, stationery or staf

Opinion 00-09

Mon, 07 Mar 2005 15:04:59 EST

Opinion: 00-09. January 27, 2000. Digest: A judge may apply for approval to subdivide unimproved real property situated in the county in which the judge serves, but should not use judicial stationery or his or her judicial title in correspondence or in personal or legal appearances in the seeking of such approval.

Opinion 00-10

Mon, 07 Mar 2005 15:05:01 EST

Opinion: 00-10. January 27, 2000. Digest: A part-time judge is not disqualified from presiding in a criminal case on the grounds that (1) the judge's law partner, who is also the judge's brother, had contributed without the judge's knowledge to the election campaign of a person who is expected to be called a

Opinion 00-100

Mon, 07 Mar 2005 15:05:00 EST

Opinion: 00-100. October 19, 2000. Digest: A judge may participate in a legal seminar in a foreign country and may accept travel and accommodation expenses for the judge and the judge's spouse from the sponsoring institute.Rule: 22 NYCRR 100.4(B) 100.4(H) Opinion 91-07 (Vol. VII). A judge has been invited

Joint Opinion 00-101 and 00-104

Thu, 17 Mar 2005 19:02:04 EST

Joint Opinion: 00-101 and. 00-104. October 19, 2000. Digest: (1) A full-time judge should not be a member of the board of directors of an organization which is involved in providing sentencing alternatives in the court on which the judge serves. (2) A full-time judge should not serve on the board of di

Opinion 00-102

Mon, 07 Mar 2005 15:05:00 EST

Opinion: 00-102. September 14, 2000. Digest: Under the circumstances, it is not unethical for a judge to appear in a television film featuring Italian-Americans of note, which is being produced by a not-for-profit corporation and is to be aired on Columbus Day.Rule: 22 NYCRR 100.2(C) 100.4(B). A judge informs the Commi

Joint Opinion 00-101 and 00-104

Thu, 17 Mar 2005 19:02:04 EST

Joint Opinion:. 00-101. and 00-104. October 19, 2000. Digest: (1) A full-time judge should not be a member of the board of directors of an organization which is involved in providing sentencing alternatives in the court on which the judge serves. (2) A full-time judge should not serve on the board of di

Opinion 00-106

Mon, 07 Mar 2005 15:05:00 EST

Opinion: 00-106. December 7, 2000. Digest: Under the circumstances, a judge should not appear on a television program in which the judge will be asked questions concerning the strength of the United States government's case against a particular federal prisoner, and which will also include an assessment by th

Opinion 00-107

Mon, 07 Mar 2005 15:05:01 EST

Opinion: 00-107. October 19, 2000. Digest: A judge should not be part of a delegation greeting the President of the United States upon his arrival at the airport, where the sole purpose of the presidential visit is political fund-raising.Rule: 22 NYCRR 100.5(A). The President of the United States will be coming

Opinion 00-108

Mon, 07 Mar 2005 15:05:01 EST

Opinion: 00-108. October 19, 2000. Digest: A judge may permit the judge's law secretary (1) to serve as a member of a local commission or committee that is drawing town council district lines; (2) to serve as a co-zone leader of a local political party, provided the position is and has been a non-elective pos

Opinion 00-11

Mon, 07 Mar 2005 15:05:03 EST

Opinion: 00-11. January 27, 2000. Digest: An appearance by the county chair of a political party before the county committee, for the purpose of securing a resolution supporting the chair for the position of Supreme Court justice, constitutes a public announcement of candidacy and requires the chair to resig

Opinion 00-111

Mon, 07 Mar 2005 15:05:01 EST

Opinion: 00-111. December 7, 2000. Digest: A judge should not send a letter to lawyers who have appeared before the judge, soliciting their ideas, comments and suggestions for use by the judge in improving the law, the legal system and the administration of justice.Rule: 22 NYCRR 100.3(B)6) 100.4(A)1).

Opinion 00-112

Mon, 07 Mar 2005 15:05:01 EST

Opinion: 00-112. January 25, 2001. Digest: Under all the circumstances, a part-time city court lawyer-judge should recuse himself or herself in matters involving a law firm, where (1) the law firm had represented a party in a matter before a town judge in which the inquiring judge represented an opposing part

Opinion 00-113

Mon, 07 Mar 2005 15:05:02 EST

Opinion: 00-113. January 25, 2001. Digest: A judge may not attend a post-election victory party celebrating a neighbor's election as a town board member, even if the event is not sponsored by a political organization.Rule: 22 NYCRR 100.2(A) 100.5(A)1)g) Opinions 99-18 (Vol. XVII) 88-132 (Vol. III).

Opinion 00-115

Mon, 07 Mar 2005 15:05:02 EST

Opinion: 00-115. January 25, 2001. Digest: A judge should not (1) write articles for a magazine in which the judge would be commenting on cases involving the Internet, where such matters may involve pending or impending proceedings; (2) identify himself or herself as a "real estate broker" in order to obtain

Opinion 00-117

Mon, 07 Mar 2005 15:05:02 EST

Opinion: 00-117. January 25, 2001. Digest: (1) A Judicial Hearing Officer (JHO) serving of counsel to a law firm, may not advise partners and associates regarding contested matters that are commenced in a court in which he or she has been designated to serve on the court's JHO panel. (2) A Judicial Hearing Of

Opinion 00-119

Mon, 07 Mar 2005 15:05:03 EST

Opinion: 00-119. January 25, 2001. Digest: Where disqualification is not mandatory, a decision whether to recuse is within the personal conscience of the judge and rests upon the exercise of discretion. But the judge should give due consideration to the public perception of partiality where one of the attorne

Opinion 00-12

Mon, 07 Mar 2005 15:05:04 EST

Opinion: 00-12. January 27, 2000. Digest: There is no ethical prohibition that prevents a part-time judge from serving as a Court Attorney-Referee in the Family Court of the county where the judge's court is located.Rule: 22 NYCRR 25.37; 100.6(B)4) Opinions 95-97 (Vol. XIII) 95-119 (Vol. XIII) 96-116 (Vol. XIV) 98-

Opinion 00-120

Mon, 07 Mar 2005 15:05:03 EST

Opinion: 00-120. January 25, 2001. Digest: A full-time judge may participate as a speaker on a panel which is part of a continuing legal education program sponsored by a national accounting firm where the judge is not being compensated and there are no matters involving the sponsor that are pending in the jud

Opinion 00-121

Mon, 07 Mar 2005 15:05:03 EST

Opinion: 00-121. January 25, 2001. Digest: Neither recusal nor disclosure are required in proceedings involving the District Attorney's office merely because the spouse of the judge's court attorney is associated in private practice with a part-time assistant district attorney who will, in any event, not be a

Opinion 00-123

Mon, 07 Mar 2005 15:05:03 EST

Opinion: 00-123. January 25, 2001. Digest: A part-time town court clerk whose spouse is the town's animal control officer should be insulated from cases in which the spouse is a prosecuting complainant in the clerk's court.Rule: 22 NYCRR 100.2(C) Opinions 94-82 (Vol. XII) 99-72.. Two town justices inquire

Opinion 00-124

Mon, 07 Mar 2005 15:05:04 EST

Opinion: 00-124. January 25, 2001. Digest: An administrative or supervisory judge may respond to an oral request from a screening panel in connection with the reappointment of judges and need not require a formal written request for information.Rule: 22 NYCRR 100.2(C) Opinion 98-123 (Vol. XVII).

Opinion 00-14

Mon, 07 Mar 2005 15:05:04 EST

Opinion: 00-14. January 27, 2000. Digest: A part-time town judge may accept an appointment by the town Board of Fire Commissioners as a hearing officer in a disciplinary proceeding involving a firefighter.Rule: 22 NYCRR 100.6(B)4) Opinions 97-53 (Vol. XV) 95-72 (Vol. XIII) 89-40 (Vol. III). The Board of Fire Commiss

00-15.htm

Fri, 20 May 2005 18:22:40 EST

Opinion 00-15. January 27, 2000. Digest. A judge may serve on a bar association’s attorney grievance committee but may not serve on a panel that reviews the association’s judiciary committee’s ratings of candidates f22 NYCRR 100.4 ( C)3) 100.5 (A)1)e) Opinions 88-100 (Vol II) 89-116/121 (Vol. IV) 95-49 (Vol XIII).

Opinion 00-17

Mon, 07 Mar 2005 15:05:05 EST

Opinion: 00-17. March 9, 2000. Digest: A judge may use unexpended campaign funds to purchase a hand-held computer for use in performing his or her judicial duties, which then becomes the property of the State.Rule: Election Law §14-130; 22 NYCRR 100.5(B)5) Opinions 93-04 (Vol. X) 92-104 (Vol. X) 91-87 (Vol. VIII)

Opinion 00-18

Mon, 07 Mar 2005 15:05:05 EST

Opinion: 00-18. May 4, 2000. Digest: A judge who is on the board of directors of a nursing home which is affiliated with the not-for-profit parent corporation of two hospitals, should disclose and exercise recusal in all cases in which the nursing home or either hospital appears as a party, subject to r

Opinion 00-23

Mon, 07 Mar 2005 15:05:05 EST

Opinion: 00-23. March 9, 2000. Digest: A judge may accept an award at a fund-raising luncheon sponsored by a bar association and may permit his or her name to appear on the materials publicizing the event, which include a solicitation of contributions to support the luncheon and the work of the organization.

Opinion 00-24

Mon, 07 Mar 2005 15:05:05 EST

Opinion: 00-24. May 4, 2000. Digest: (1) A judge may sponsor a Little League team and be identified as such, provided no reference is made to the judge's judicial status. (2) A full-time judge may act, under his or her own name, in a community theater production, and be compensated, provided the organiz

Opinion 00-25

Mon, 07 Mar 2005 15:05:05 EST

Opinion: 00-25. March 9, 2000. Digest: A judge should not respond to newspaper criticism involving the imposition of fines in particular cases but may publicize for public information the city ordinance pursuant to which certain classes of fines were raised.Rule: 22 NYCRR 100.3(B)8) Opinion 92-114 (Vol. X).

Opinion 00-26

Mon, 07 Mar 2005 15:05:06 EST

Opinion: 00-26. March 9, 2000. Digest: A newly elected full-time judge may sell his or her shares of stock in an abstract company to other shareholder-lawyers on an installment payment basis.Rule: 22 NYCRR 100.3(E)1) (F) Opinion 95-123 (Vol. XIII). A newly elected full-time City Court judge who is

Opinion 00-28

Mon, 07 Mar 2005 15:05:06 EST

Opinion: 00-28. May 4, 2000. Digest: A magistrate's association may allow law enforcement officials to be non-voting and non-office holding associate members of the association, provided that the by-laws are amended to permit defense attorneys to be associate members.Rule: 22 NYCRR 100.2(A). A part-time town judge, w

Opinion 00-29

Mon, 07 Mar 2005 15:05:06 EST

Opinion: 00-29. March 9, 2000. Digest: A part-time judge may serve on the Board of Directors of an abstract company.. Rule: 22 NYCRR 100.6(B)4). A newly elected part-time judge, who practices law, has been invited to be on the Board of Directors of an abstract company with which the judge does business and in which the

Opinion 00-31

Mon, 07 Mar 2005 15:05:06 EST

Opinion: 00-31. March 9, 2000. Digest: Under the circumstances presented, a judge may appear in a video being prepared by the local YWCA for presentation at a fund-raising luncheon celebrating local professional women, provided that no reference is made to the judge or the video in advertising the luncheo

Opinion 00-33

Mon, 07 Mar 2005 15:05:06 EST

Opinion: 00-33. May 4, 2000. Digest: A judge, who is the president of the board of directors of a public library, may attend but is prohibited from chairing or sitting on the dais or otherwise participating in public meetings seeking support for a bond proposition to expand the library.

Opinion 00-34

Mon, 07 Mar 2005 15:05:07 EST

Opinion: 00-34. May 4, 2000. Digest: Acting in accordance with a provision of a city charter that requires the judge to cast the deciding vote to fill a city council vacancy does not constitute prohibited political activity.Rule: 22 NYCRR 100.5(A)1) Dworsky v. Farano, 41 NY2d 780 (1977). A City Court judge inquir

Opinion 00-37

Mon, 07 Mar 2005 15:05:07 EST

Opinion: 00-37. May 4, 2000. Digest: A candidate for judicial office may attend a conference of the National Conference of Insurance Legislators which is being held during the Window Period.Rule: 22 NYCRR 100(Q) 100.5(A)5)z) Opinion 97-152 (Vol. XVI ). A judge, who is a candidate for election to higher

Opinion 00-39

Mon, 07 Mar 2005 15:05:07 EST

Opinion: 00-39. May 4, 2000. Digest: A town justice may not be employed as an agent of a local society for the prevention of cruelty to animals because of the peace officer status of such persons.Rule: 22 NYCRR 100.4(C)2)b) 100.6(B) CPL 2.10(7). A town justice inquires whether the justice may co

Opinion 00-41

Mon, 07 Mar 2005 15:05:07 EST

Opinion: 00-41. May 4, 2000. Digest: A judge who is a member of the Board of Directors of a county bar association may solicit judicial colleagues to become members of the association.Rule: 22 NYCRR 100.4(C)3) Opinions 96-19 (Vol. XIV ) 92-07 (Vol. XI). A full-time judge who serves as a member of the Bo

Opinion 00-42

Mon, 07 Mar 2005 15:05:08 EST

Opinion: 00-42. May 4, 2000. Digest: Provided that the judge believes that he or she can be impartial, disqualification is not required where (1) an attorney appearing before the judge had represented the judge's son ten years previous in a parking ticket matter; (2) an attorney appearing before the jud

Opinion 00-43

Mon, 07 Mar 2005 15:05:08 EST

Opinion: 00-43. June 13, 2000. Digest: The fact that the judge's spouse is a salaried insurance broker employed by a company that places insurance on behalf of the employees of various hospitals does not require the judge to exercise recusal in cases involving the hospitals or the carriers with which such

Opinion 00-44

Mon, 07 Mar 2005 15:05:08 EST

Opinion: 00-44. May 4, 2000. Digest: A Family Court judge may serve as co-chair of a steering committee that is seeking a community access grant from the federal government for the purpose of integrating and expanding mental health services for children and families in the community.Rule: 22 NYCRR 100.4(C)3)b)iii).

Opinion 00-46

Mon, 07 Mar 2005 15:05:08 EST

Opinion: 00-46. May 4, 2000. Digest: A part-time City Court judge who practices law, may represent a Town Court judge on a complaint pending before the State Commission on Judicial Conduct.Rule: 22 NYCRR 100.2; 100.6(B)2) Opinions 96-91 (Vol. XV) 96-29 (Vol. XIV). A part-time City Court judge who maintains a priva

Opinion 00-47

Mon, 07 Mar 2005 15:05:08 EST

Opinion: 00-47. May 4, 2000. Digest: A judge should not attend a dinner sponsored by a political party's county committee that is honoring the judge's parent as "name of political party] of the Year 2000.Rule: 22 NYCRR 100.5(A)1)g) Joint Opinion 96-73/80 (Vol. XIV). A judge informs the Committee that the judge's par

Opinion 00-48

Mon, 07 Mar 2005 15:05:09 EST

Opinion: 00-48. May 4, 2000. Digest: A part-time judge is not prohibited from accepting employment as Program Director of the Dispute Mediation Center of a neighboring county.Rule: 22 NYCRR 100.6(B)4). A part-time town judge has been offered the position of Program Director of the Dispute Mediation Ce

Opinion 00-50

Mon, 07 Mar 2005 15:05:09 EST

Opinion: 00-50. June 13, 2000. Digest: A judge may serve on the Advisory Board of a Youth Court Program, provided that (1) the judge's court is not one from which referrals are made to the Youth Court, and (2) the judge does not engage in fund-raising on behalf of the Program.

Opinion 00-51

Mon, 07 Mar 2005 15:05:09 EST

Opinion: 00-51. May 4, 2000. Digest: A judge should not permit local fraternal organizations to raise funds to enable the judge to travel to China as part of a "criminal law leaders delegation" that is studying the criminal justice system in China.Rule: 22 NYCRR 100.1; 100.4(A)2) 100.4(D)5)a)h).

Opinion 00-52

Mon, 07 Mar 2005 15:05:09 EST

Opinion: 00-52. June 13, 2000. Digest: A full-time law secretary to a Supreme Court justice may accept appointment as a member of a local community board.Rule: 22 NYCRR 25.37; 25.39; 100.5(C) Opinions 97-69 (Vol. XV) 90-27 (Vol. V). A Supreme Court justice inquires whether the justice's personal law secreta

Joint Opinion 00-54 and 00-56

Thu, 17 Mar 2005 19:02:04 EST

Joint Opinion:. 00-54. 00-56. May 4, 2000. Digest: A judge should not participate with law enforcement agencies in a project and to develop protocols or guidelines with respect to victims, in the handling of domestic violence matters, where the project excludes legal representatives of defendants, and is intended to

Opinion 00-55

Mon, 07 Mar 2005 15:05:10 EST

Opinion: 00-55. June 13, 2000. Digest: A part-time village judge should not serve as a hearing officer in an employee disciplinary proceeding involving a town and one of its employees where there is a criminal proceeding against the employee pending in the judge's court.

Joint Opinion 00-54 and 00-56

Thu, 17 Mar 2005 19:02:05 EST

Opinion 00-59

Mon, 07 Mar 2005 15:05:10 EST

Opinion: 00-59. June 13, 2000. Digest: (1) A newly-appointed judge must resign immediately from the Board of Directors of agencies that appear regularly in the judge's court; (2) Where there had been an initial consultation by the judge's former law partner with one of the parties now before the judge in

Joint Opinion 60 and 61

Thu, 17 Mar 2005 19:02:04 EST

Joint Opinion: 00-60 and. 00-61. June 13, 2000. Digest: A part-time judge should not continue his or her employment as a defensive driving instructor where the court is facilitating attendance at and, in effect, referring defendants to such course.Rule: 22 NYCRR 100.2; Opinions 96-37 (Vol. XIV) 97-47 (Vol. XV).

Joint Opinion 60 and 61

Thu, 17 Mar 2005 19:02:04 EST

Joint Opinion:. 00-60. and 00-61. June 13, 2000. Digest: A part-time judge should not continue his or her employment as a defensive driving instructor where the court is facilitating attendance at and, in effect, referring defendants to such course.Rule: 22 NYCRR 100.2; Opinions 96-37 (Vol. XIV) 97-47 (Vol. XV).

Opinion 00-62

Mon, 07 Mar 2005 15:05:11 EST

Opinion: 00-62. June 13, 2000. Digest: A part-time town judge may be employed as a laborer by the town highway department, provided the judge does not preside over any cases involving the town highway department.Rule: 22 NYCRR 100.6(B)4) Town Law §60(2) Opinion of the State Comptroller, #72-326 (1972).

00-64_.htm

Mon, 07 Mar 2005 15:05:11 EST

Opinion: 00-64. June 13, 2000. Digest. A judge, who has direct, personal knowledge that another judge had sat in on a political party's interviews of candidates for judicial and non-judicial offices and then informed the inquiring judge that he/she was not going to receive the party's nomination for judicial offi

Opinion 00-65

Mon, 07 Mar 2005 15:05:11 EST

Opinion: 00-65. September 14, 2000. Digest: A judge is not prohibited from responding to factual inquiries from the media seeking information as to the status of a case before the judge, involving matters of record, but the judge may not comment on the case or attempt to repeat or summarize courtroom testimony.

Opinion 00-66

Mon, 07 Mar 2005 15:05:11 EST

Opinion: 00-66. September 14, 2000. Digest: (1) A judge may preside over criminal cases where the judge's law clerk was a former assistant district attorney, but where the law clerk had been previously involved in a case now before the judge there should be disclosure by the judge, and insulation of the law cl

Opinion 00-67

Mon, 07 Mar 2005 15:05:12 EST

Opinion: 00-67. September 14, 2000. Digest: A judge who will be receiving compensation in concluding a business relationship with the judge's former law partner must disclose and recuse him/herself from cases in which the former law partner appears, for a period of two years from the last payment to the judge.

Opinion 00-68

Mon, 07 Mar 2005 15:05:12 EST

Opinion: 00-68. September 14, 2000. Digest: If the judge believes that he or she can be impartial, the judge may preside in a case in which the attorney now appearing had previously represented a close relative of the judge. For a period of two years following the end of such representation, the judge should d

Opinion 00-70

Mon, 07 Mar 2005 15:05:12 EST

Opinion: 00-70. September 14, 2000. Digest: A judge who is a member of a bar association may contribute a recipe for publication in a recipe book that will be sold by the bar association, where the proceeds of the sale are to be donated to the Judges and Lawyers Breast Cancer Alert Bar Association.

Opinion 00-73

Mon, 07 Mar 2005 15:05:12 EST

Opinion: 00-73. September 14, 2000. Digest: Under the circumstances presented, judges may serve on a committee that is organizing a dinner to honor a retiring judge, and their names may appear on the committee's letterhead soliciting attendance at the event.

Opinion 00-74

Mon, 07 Mar 2005 15:05:13 EST

Opinion: 00-74. September 14, 2000. Digest: A part-time judge may purchase an advertisement in a telephone book that advertises both the judge's law firm and the local YMCA.Rule: 22 NYCRR 100.2(C) 100.4(C)3)b)i) Opinion 92-70 (Vol. X) 00-70.. A part-time judge inquires whether the judge may purchase an advertisement

Opinion 00-75

Mon, 07 Mar 2005 15:05:13 EST

Opinion: 00-75. October 19, 2000. Digest: (1) A judge whose spouse is a candidate for elective political office, may accompany his/her spouse to a meeting of a fraternal organization and to a public forum not sponsored by political organizations, provided that the event is one that the judge would ordinarily

Opinion 00-76

Mon, 07 Mar 2005 15:05:13 EST

Opinion: 00-76. September 14, 2000. Digest: (1) A judge may not serve as chair or member of the legislative subcommittee of the Board of Directors of a non-profit hospital, even where the review of legislation is solely for purposes of discussion within the hospital. (2) A judge may serve as a contingent trust

Opinion 00-77

Mon, 07 Mar 2005 15:05:13 EST

Opinion: 00-77. September 14, 2000. Digest: A newly-appointed full-time judge may not practice law but may write to former clients to inform them that the law practice has been discontinued, and how they may retrieve their wills and other legal documents.Rule: 22 NYCRR 100.4(G) New York State Constitutio

Joint Opinion 00-78 and 00-80

Mon, 07 Mar 2005 15:05:13 EST

Joint Opinion: 00-78 and 00-80. September 14, 2000. Digest: Whether a judge who is seeking elective judicial office should exercise recusal in proceedings in which the chief assistant district attorney, who is the judge's opponent in the election, appears before the judge, is a discretionary decision

Opinion 00-79

Mon, 07 Mar 2005 15:05:14 EST

Opinion: 00-79. September 14, 2000. Digest: A judge may appear as moderator on a television public service program concerning legal matters so long as the judge does not comment on pending or impending proceedings; the activity does not interfere with the performance of judicial duties; and the judge does not

Joint Opinion 00-78 and 00-80

Mon, 07 Mar 2005 15:05:14 EST

Opinion 00-82

Mon, 07 Mar 2005 15:05:14 EST

Opinion: 00-82. September 14, 2000. Digest: A judge running for election may attend a rally sponsored by civic associations in opposition to a shopping mall project in the judge's township, but may not speak publicly on such issues at the rally, and should recuse himself/herself in the event proceedings involv

Opinion 00-83

Mon, 07 Mar 2005 15:05:14 EST

Opinion: 00-83. September 14, 2000. Digest: A full-time judge may accept appointment by a county legislature to a county task force that will study the feasibility of creating a county juvenile detention/treatment center.Rule: 22 NYCRR 100.4(C)2)a). A full-time judge inquires whether the judge may a

00-85_.htm

Mon, 07 Mar 2005 15:05:14 EST

Opinion 00-85. September 14, 2000. Digest. A judge should not respond to a letter written by a governmental official in which the official requested the judge to state the reasons for an order made by the judge dismissing a certain proceeding.Rule. 22 NYCRR 100.1.. A judge who dismissed a certain proceeding relatin

Opinion 00-86

Mon, 07 Mar 2005 15:05:15 EST

Opinion: 00-86. September 14, 2000. Digest: A candidate for election to a judicial office may not accede to a political party's pre-nomination request that he/she decline offers of nomination by other political parties; but is free to decline other offers for reasons independent of any such request.

Opinion 00-87

Mon, 07 Mar 2005 15:05:15 EST

Opinion: 00-87. September 14, 2000. Digest: A judge need not disqualify himself or herself or make any disclosure where the attorney-spouse of a former law clerk appears before the judge.Rule: 22 NYCRR 100.3(E)1) Opinion 90-33 (Vol. V). A judge inquires whether the judge may preside in cases where the attorney-

Opinion 00-89

Mon, 07 Mar 2005 15:05:15 EST

Opinion: 00-89. October 19, 2000. Digest: 1. Recusal is required where the law firm appearing before the judge on behalf of a party, currently represents the judge and the judge's spouse in a pending personal injury automobile accident case, but recusal is not required in a proceeding in which records and do

Opinion 00-92

Mon, 07 Mar 2005 15:05:15 EST

Opinion: 00-92. September 14, 2000. Digest: A Family Court judge should not accept an award from a county domestic violence program.. Rule: 22 NYCRR 100.4(A)1)3). A Family Court judge inquires whether the judge may accept an annual award from a county domestic violence program; attend a public ceremony at which

Opinion 00-95

Mon, 07 Mar 2005 15:05:16 EST

Opinion: 00-95. October 19, 2000. Digest: A judge should not send to traffic defendants forms prepared by the District Attorney's office requesting certain information from defendants, but should utilize official Unified Court System forms informing defendants of available options.

Opinion 00-96

Mon, 07 Mar 2005 15:05:16 EST

Opinion: 00-96. October 19, 2000. Digest: A part-time judge may be employed as a tractor trailer operator by the New York State Department of Correction, delivering to and from correctional facilities products that are produced by inmates.Rule: 22 NYCRR 100.6(B)4) Opinions 96-123 (Vol. XV) 92-86 (Vol. X).

Opinion 00-97

Mon, 07 Mar 2005 15:05:16 EST

Opinion: 00-97. October 19, 2000. Digest: Where an attorney or other participant in a matter before the judge has submitted an affidavit or other statement on the judge's behalf to the State Commission on Judicial Conduct, which is presently conducting an investigation of the judge, the judge should exercise

Opinion 00-98

Mon, 07 Mar 2005 15:05:17 EST

Opinion: 00-98. September 14, 2000. Digest: A Friends Committee consisting entirely of non-judges may solicit commercial sponsorship of programs at a judicial convention, but a convention journal which detracts from the dignity of judicial office or which lends the prestige of judicial office to advance the pr

Opinion 00-99

Mon, 07 Mar 2005 15:05:17 EST

Opinion: 00-99. October 19, 2000. Digest: A full-time judge should decline an invitation to become a member of a citizens' advisory panel which has been formed to oversee the planning, design and use of a large parcel of land in a densely populated area in the community.Rule: 22 NYCRR 100.4(C)2)a).

Opinion 01-03

Mon, 07 Mar 2005 15:05:17 EST

Opinion: 01-03. January 25, 2001. Digest: A judge may participate in a panel discussion on jury selection and management in death penalty cases, but may not, in the course of the panel discussion, comment on any pending or impending case.Rule: 22 NYCRR 100.3(B)8) 100.4(B) Opinions 97-132 (Vol. XVI) 95-105 (Vol. XIII).

Opinion 01-04

Mon, 07 Mar 2005 15:05:17 EST

Opinion: 01-04. January 25, 2001. Digest: It is an impermissible political activity for a candidate for judicial office to present awards to community groups or individuals, on behalf of and as the representative of public officials.Rule: 22 NYCRR 100.0(Q)8) 100.5(A)1)c) 100.5(A)2)i) Opinion 98-16 (Vol. XVII).

Opinion 01-05

Mon, 07 Mar 2005 15:05:17 EST

Opinion: 01-05. January 25, 2001. Digest: A part-time lawyer judge should not represent parties in a Family Court custody/visitation proceeding where there is a criminal proceeding pending in the judge's court which has been brought against the judge's client by the other parent and which involves allegation

Opinion 01-06

Mon, 07 Mar 2005 15:05:18 EST

Opinion: 01-06. April 19, 2001. Digest: (1) Subject to remittal, a Surrogate judge should, for a period of two-years after leaving a law firm, disqualify himself or herself whenever the law firm appears before the judge on behalf of a party. After two-years, the judge should disclose the former relationshi

Opinion 01-07

Mon, 07 Mar 2005 15:05:18 EST

Opinion: 01-07. January 25, 2001. Digest: Under the circumstances, a judge running for election should exercise recusal, subject to remittal, where attorneys involved in planning an initial fund-raiser (or their partners or associates) appear before the judge during the campaign, except that in cases where a

Opinion 01-08

Mon, 07 Mar 2005 15:05:18 EST

Opinion: 01-08. January 25, 2001. Digest: A full-time judge may not serve as chairperson of the business ethics committee of a not-for-profit hospital.Rule: 22 NYCRR 100.4(C)3) Opinion 00-76.. A full-time judge who serves as director of a not-for-profit hospital asks whether the judge may serve as chair of its newly

Opinion 01-09

Mon, 07 Mar 2005 15:05:19 EST

Opinion: 01-09. January 25, 2001. Digest: The question of whether a Family Court judge should "sign off" on an attorney's application to be placed on a law guardian list does not in itself raise a question of judicial ethics. But if the judge has information indicating a substantial likelihood of professiona

Joint Opinion 01-100 and 01-101

Thu, 31 Mar 2005 20:17:44 EST

Joint Opinion: 01-100 and. 01-101. December 13, 2001. Digest: A judge may write a letter expressing his or her views concerning the performance and professional conduct of attorneys affiliated with organizations that are seeking to enter into a contract with a municipality for the providing of legal rep

Joint Opinion 01-100 and 01-101

Thu, 31 Mar 2005 20:17:43 EST

Joint Opinion:. 01-100. and 01-101. December 13, 2001. Digest: A judge may write a letter expressing his or her views concerning the performance and professional conduct of attorneys affiliated with organizations that are seeking to enter into a contract with a municipality for the providing of legal rep

Opinion 01-104

Mon, 07 Mar 2005 15:05:19 EST

Opinion 01-104. October 25, 2001. Digest: A judge, who is an adjunct professor at a private college, may authorize the college to use its records that contain information about the judge for the purpose of obtaining accrediation.Rule: 22 NYCRR 100.2(C). Opinion:. The inquiring judge is an adjunct professor at a p

01-107_.htm

Mon, 07 Mar 2005 15:05:19 EST

Opinion: 01-107. December 21, 2001. Digest. A part-time judge may solemnize a marriage during the course of a television news broadcast and receive a gift from the bride and groom no greater than $75.00, but may not accept any compensation from the television station for appearing on the program.Rule.

01-108_.htm

Mon, 07 Mar 2005 15:05:20 EST

Opinion: 01-108. Digest. Under the circumstances presented,. the spouse of a village police officer. October 25, 2001 who performs administrative duties may serve as clerk of the village court, provided that the court clerk is insulated from any case in which the officer had been involved.22 NYCRR 100.2; 100.3(E)1).

Opinion 01-109

Mon, 07 Mar 2005 15:05:20 EST

Opinion: 01-109. October 25, 2001. Digest: A judicial hearing officer should not solicit contributions on behalf of a church or sell tickets to a Rotary Club dinner which is a fund-raiser.Rule: 22 NYCRR 100.4(C)3)b)i) 100.6(A) Opinions 89-61 (Vol. III) 94-44 (Vol. XII) 95-64 (Vol. XIII) 95-66 (Vol. XIII) 97-03 (

Opinion 01-111

Mon, 07 Mar 2005 15:05:20 EST

Opinion : 01-111. December 13, 2001. Digest: The "Window Period" for a candidate who sought but did not obtain nomination for the office of justice of the Supreme Court at a judicial nominating convention ends six months following the date of each judicial nominating convention in which the candidate sought a n

Opinion 01-114

Mon, 07 Mar 2005 15:05:20 EST

Opinion: 01-114. December 13, 2001. Digest: Under the circumstances presented, the inquiring judge may serve as a reference for an attorney who is seeking employment with a law firm that does not appear before the judge's court, and is located outside the jurisdiction of the judge's court.

Opinion 01-12

Mon, 07 Mar 2005 15:05:22 EST

Opinion: 01-12. January 25, 2001. Digest: On the facts presented, the judge's interest in a mutual fund that owns stock in American Express does not require the judge to recuse himself or herself from presiding in a shareholders' derivative action brought on behalf of American Express.

Opinion 01-120

Mon, 07 Mar 2005 15:05:20 EST

Opinion: 01-120. December 13, 2001. Digest: Recusal by a judge who has filed a disciplinary complaint against an attorney who will represent a criminal defendant during a trial at which the judge will preside is subject to remittal.Rules: 22 NYCRR 100.3(E)1) 100.3(F). A judge asks whether recusal is required in a crim

01-121_.htm

Mon, 07 Mar 2005 15:05:21 EST

Opinion 01-121. March 7, 2002. Digest. A judge should exercise recusal where, subsequent to the appointment of a referee to preside in a contested proceeding, the referee, who is a lawyer, was retained by the judge’s spouse to represent the spouse in seeking reinstatement to the bar.22 NYCRR 100.3(E)1) 100.3(F).

Opinion 01-123

Mon, 07 Mar 2005 15:05:21 EST

Opinion 01-123. December 13, 2001. Digest: A judge may donate a holiday ornament to be auctioned, for fund-raising purposes, by a not-for-profit organization.Rules: 22 NYCRR 100.4(C)3)b)i) and (iv) Opinions 92-70/84 (Vol. X) 00-70.. Opinion:. A judge has been asked, along with several other prominent business and aca

Opinion 01-124

Mon, 07 Mar 2005 15:05:21 EST

Opinion: 01-124. December 13, 2001. Digest: A part-time town justice who also maintains employment as a New York State licensed registered respiratory therapist may serve on the Respiratory Therapy Board of the New York State Department of Education, Office of the Professions.Rules: 22 NYCRR; 100.6(B)

Opinion 01-125

Mon, 07 Mar 2005 15:05:21 EST

Opinion 01-125. December 13, 2001. Digest:A town justice may not serve as the Corporation Counsel for a neighboring city in the same county if the duties of the office include the prosecution of offenses and other appearances in the City Court, which is presided over by a part-time judge who is permitted to p

Opinion 01-14

Mon, 07 Mar 2005 15:05:22 EST

Opinion: 01-14. March 8, 2001. Digest: A local court which has created an Internet web site for the court should not provide a link on the web site to facilitate transfer to another web site maintained by a Megan's Law advocacy group which lists, among other things, registered offenders by name and county of residence.

Opinion 01-15

Mon, 07 Mar 2005 15:05:22 EST

Opinion: 01-15. March 8, 2001. Digest: A judge who has been elected chair of the board of governors of a medical facility may engage in informal discussions with representatives of another medical facility for the purpose of resolving disputes concerning terms of an agreement between the facilities with r

Opinion 01-17

Mon, 07 Mar 2005 15:05:22 EST

Opinion: 01-17. March 8, 2001. Digest: During the Window Period, a judge who is an announced candidate for elective judicial office may purchase tickets for and attend fund-raisers for other elected officials, subject to the provisions of the Election Law and the Rules Governing Judicial Conduct.

Opinion 01-19

Mon, 07 Mar 2005 15:05:23 EST

Opinion: 01-19. March 8, 2001. Digest: A Judicial Hearing Officer who practices law, may offer his or her services to attorneys as an arbitrator or mediator.Rule: 22 NYCRR 36.1(b)2) 122.5(a) 122.10(c) 100.6(A) CPLR 4301.. A retired judge, who practices law and serves as a Judicial Hearing Officer

Opinion 01-20

Mon, 07 Mar 2005 15:05:23 EST

Opinion: 01-20. March 8, 2001. Digest: A judge should not continue to serve as assistant district attorney in one county and hold a position as a part-time judge in another county even if that other county is in a different judicial district and Appellate Division Department from that of the judge's court.

Opinion 01-21

Mon, 07 Mar 2005 15:05:23 EST

Opinion: 01-21. March 8, 2001. Digest: A candidate for judicial office, whether a sitting judge or a non-judge, may not make a payment to a political party's campaign committee that is supporting all candidates being endorsed by the party, nor make any payment to the party in order to be considered for it

Opinion 01-22

Mon, 07 Mar 2005 15:05:23 EST

Opinion: 01-22. March 8, 2001. Digest: A judge may write a column about statutes and regulations, and recent court decisions that affect the business community, for a newsletter that will be published by the Chamber of Commerce, provided the judge does not comment on pending or impending cases.

Opinion 01-23

Mon, 07 Mar 2005 15:05:23 EST

Opinion: 01-23. March 8, 2001. Digest: A newly-elected judge should not continue as the Coordinator or Chairman of an organization whose sole function is to implement an annual Run/Walk event to raise money for local civic organizations, including the auxiliary police.Rule: 22 NYCRR 100.2; 100.4(A) 100.4(C)3)b)i)iv) O

Opinion 01-24

Mon, 07 Mar 2005 15:05:24 EST

Opinion: 01-24. March 8, 2001. Digest: The fact that a lawsuit has been instituted against a board of judges comprising all members of a court, does not require the judges of the court to exercise recusal where an appearance in other matters is being made by the law firm that represents the plaintiffs in

Opinion 01-25

Mon, 07 Mar 2005 15:05:24 EST

Opinion: 01-25. March 8, 2001. Digest: A judge may be interviewed by the attorneys for the plaintiff in a pending lawsuit, on matters observed by the judge in his or her court and on the practices and procedures of the court, but may not express any opinion on the legal merits of the lawsuit, or comment o

Opinion 01-26

Mon, 07 Mar 2005 15:05:24 EST

Opinion: 01-26. March 8, 2001. Digest: A judge may serve as a member of the Board of Directors of a local YMCA, but should not serve on its Capital Development Committee.Rule: 22 NYCRR 100.4(C)3)a)i)ii) 100.4(C)3)b)i) Opinions 96-78 (Vol. XIV) 99-08 (Vol. XVII). A judge inquires about the propriety of serving on

Opinion 01-27

Mon, 07 Mar 2005 15:05:24 EST

Opinion: 01-27. March 8, 2001. Digest: Under the circumstances, the judge, who is a candidate for re-election, may attend, but may not be a speaker, guest of honor or recipient of an award at a political party's annual dinner, which is a fund-raiser for the party.Rule: 22 NYCRR 100.0(Q) 100.5(A)1)d) 100.5(A)2)v).

Opinion 01-28

Mon, 07 Mar 2005 15:05:25 EST

Opinion: 01-28. March 8, 2001. Digest: A judge may serve as treasurer of a religious based not-for-profit home and infirmary for the aged, provided the judge does not personally participate in the solicitation of funds or other fund-raising activities and the judge's responsibilities as treasurer do not i

Opinion 01-29

Mon, 07 Mar 2005 15:05:25 EST

Opinion: 01-29. March 8, 2001. Digest: Under the circumstances presented, the seeking of participation by bar associations and a law school to serve as co-sponsors with the court system of a conference on access to justice issues does not constitute personal participation in fund-raising by the judiciary.

Opinion 01-30

Mon, 07 Mar 2005 15:05:25 EST

Opinion: 01-30. March 8, 2001. Digest: Under the circumstances presented, a judge may accept an unadvertised "Ellis Island Medal of Honor, along with approximately 125 other honorees, from a national coalition of ethnic organizations at its annual dinner.Rule: 22 NYCRR 100.4(C)3)b)ii) Opinion 96-52 (Vol. XIV).

Opinion 01-32

Mon, 07 Mar 2005 15:05:25 EST

Opinion: 01-32. April 19, 2001. Digest: The fact that a court attorney has been assigned by the court to work for one judge of the court does not make the court attorney the personal appointee of that judge so as to render the court attorney subject to the restrictions on political activities of a judge's

Opinion 01-33

Mon, 07 Mar 2005 15:05:25 EST

Opinion: 01-33. April 19, 2001. Digest: A part-time judge may serve on a town committee, the purpose of which is to make recommendations concerning the possible sharing of services with another municipality.Rule: 22 NYCRR 100.4(B) 100.4(C)2)a) 100.6(B)1) Opinion 98-31 (Vol. XVI). A town justice, who is al

Opinion 01-35

Mon, 07 Mar 2005 15:05:26 EST

Opinion: 01-35. April 19, 2001. Digest: It is not unethical for a Supreme Court Justice's law clerk to become a candidate for and serve on a town council, provided that such service does not adversely affect the law clerk's official duties and the justice's judicial position, and the law clerk obtains perm

Opinion 01-36

Mon, 07 Mar 2005 15:05:26 EST

Opinion: 01-36. June 27, 2001. Digest: A judge (1) should not permit his or her law clerk to sign letters of appreciation to jurors for their services; (2) may permit his or her law clerk to sign certificates given to students and others evidencing their participation in various courthouse programs unless

Opinion 01-37

Mon, 07 Mar 2005 15:05:26 EST

Opinion: 01-37. April 19, 2001. Digest: A judge should not write letters of recommendation on behalf of police officers seeking promotions where it appears likely that the officers will be witnesses, or otherwise involved, in cases before the judge.

Opinion 01-39

Mon, 07 Mar 2005 15:05:26 EST

Opinion: 01-39. April 19, 2001. Digest: Under the circumstances presented, a judge may be the guest of honor at a golf outing, which is a fund-raising event sponsored by the Lawyer Assistance Foundation of a county bar association.

Opinion 01-41

Mon, 07 Mar 2005 15:05:26 EST

Opinion: 01-41. April 19, 2001. Digest: A judge may participate in a judicial seminar dealing with evidentiary issues and consult with other judges about such issues, but should not publicly comment on pending or impending cases.Rule: 22 NYCRR 100.3(B)6)c) 100.3(B)8) 100.4(B) Opinions 01-03; 99-126/129;

01-42_.htm

Mon, 07 Mar 2005 15:05:27 EST

Opinion: 01-42. April 19, 2001. Digest. 1) A judge may be appointed to and serve on the board of trustees of a local library organized as a private not-for-profit corporation even if the appointment is subject to confirmation by vote of the library members. (2) A newly-elected judge wearing judicial robes may admi

Opinion 01-43

Mon, 07 Mar 2005 15:05:27 EST

Opinion: 01-43. April 19, 2001. Digest: A village justice should not hire as clerk of the village court the person who is simultaneously holding the position of clerk to the village police department.Rule: 22 NYCRR 100.2(A) Opinions 96-94 (Vol. XIV) 91-49 (Vol. VIII). A village justice inquires as to whether the justi

Opinion 01-44

Mon, 07 Mar 2005 15:05:27 EST

Opinion: 01-44. April 19, 2001. Digest: (1) A non-judge candidate for elective judicial office may not retain the position of ward committee person of a political party. (2) A candidate for elective judicial office is not prohibited from personally seeking the endorsement of various organizations or of oth

Opinion 01-47

Mon, 07 Mar 2005 15:05:27 EST

Opinion: 01-47. April 19, 2001. Digest: A part-time judge should not accept employment in the Sheriff's Department as a civilian court aide in County CourtRule: 22 NYCRR 100.2; 100.6(B)4) Opinions 90-188 (Vol. VI) 95-68 (Vol. XIII) 98-116 (Vol. XVII). A part-time town justice inquires whether it is pe

Opinion 01-49

Mon, 07 Mar 2005 15:05:27 EST

Opinion: 01-49. April 19, 2001. Digest: A judge may not serve on a municipal ethics board that will hear complaints against members of the municipal government.Rule: 22 NYCRR 100.2(A) 100.4(A)3) Opinions 95-144 (Vol. XIII) 98-75 (Vol. XVII) 98-102 (Vol. XVII). A part-time judge asks whether it is permissible t

01-50.htm

Mon, 22 May 2006 19:04:35 EST

Opinion 01-50. April 19, 2001. Digest:. A part-time judge should not write a letter to the editor of a local newspaper in support of a school expansion project that is to be voted on by the residents of the school district.Rule:. 22 NYCRR 100.2; 100.2(C) 100.4(C)1) Opinions 98-160 (Vol. XVII) 00-33.. Opinion:.

Opinion 01-51

Mon, 07 Mar 2005 15:05:28 EST

Opinion: 01-51. April 19, 2001. Digest: A judge may accept an award at a religious organization's fund-raising dinner, where the award is unadvertised and ancillary to the event, and the judge is neither a speaker nor the guest of honor at the event.Rule: 22 NYCRR 100.4(C)3)b)ii) Opinion 96-52 (Vol. XIV).

01-52.htm

Mon, 09 May 2005 17:58:09 EST

MODIFIED BY OPINION 04-88. Opinion 01-52. April 18, 2002. Digest. Under the particular circumstances presented, a judge who presides over a drug treatment court may consider ex parte communications made at meetings of the drug court treatment team.Rules. 22 NYCRR 100.3(B(6) 100.3(B)6)d) (e) AO/152/02 March 19, 2002..

Opinion 01-53

Mon, 07 Mar 2005 15:05:28 EST

Opinion: 01-53. April 19, 2001. Digest: Under the circumstances, the judge should decline to be interviewed by a journalist about a criminal case presided over by the judge, despite the fact that the defendant's appellate remedies have been exhausted.Rule: 22 NYCRR 100.3(B)8). A judge who presided at t

Opinion 01-57

Mon, 07 Mar 2005 15:05:29 EST

Opinion: 01-57. April 19, 2001. Digest: A Family Court judge may be honored at a reception hosted by the county Mediation Center, a non-profit agency, provided that the event is not a fund-raiser.Rule: 22 NYCRR 100.4(A)1) 100.4(C) 100.4(C)3)b)i) (iv). A Family Court judge presents two situations conce

Opinion 01-58

Mon, 07 Mar 2005 15:05:29 EST

Opinion: 01-58. April 19, 2001. Digest: A full-time judge should not provide instruction in legal writing and advocacy skills to a law firm's associates as part of its Continuing Legal Education program.Rule: 22 NYCRR 100.2(C) 100.4(A)3) 100.4(B) 100.4(H)1) Opinions 98-121 (Vol. XVII) 96-143 (Vol. XV) 90-204 (Vol. VII)

01-60_.htm

Mon, 07 Mar 2005 15:05:29 EST

Opinion: 01-60. Digest. An attorney who has been retained by. a lawyer-judge on a per diem basis to. April 19, 2001. prepare real estate contracts on behalf of the judge in connection with the judge's law practice, is deemed to be an associate of the judge in the practice of law and therefore may not practice law in

Opinion 01-61

Mon, 07 Mar 2005 15:05:29 EST

Opinion: 01-61. June 27, 2001. Digest: A judge need not disqualify himself or herself when the spouse of the judge's former law partner appears before the judge as a law guardian.Rule: 22 NYCRR 100.3(E)1). A judge inquires whether recusal is required when the spouse of the judge's former law partner appea

Opinion 01-63

Mon, 07 Mar 2005 15:05:29 EST

Opinion: 01-63. June 27, 2001. Digest: Under the circumstances presented, and subject to the provisions of 22 NYCRR 100.4, the judge may continue to serve on the board of directors of a local not-for-profit park development corporation.Rule: 22 NYCRR 100.4(A) 100.4(C)3)a) 100.4(C)3)b) Opinions 95-71 (Vol. XIII

01-64.htm

Fri, 27 Oct 2006 19:53:27 EST

Opinion 01-64. June 27, 2001. Digest:. A Family Court judge should not serve on the board of directors of a local advocacy organization involved in public lobbying concerning various family and children’s issues.Rule:. 22 NYCRR 100.1; 100.2; 100.4(A)1) Opinions 88-145 (Vol. III) 88-150 (Vol. III) 95-10 (Vol. XIII) 95-

Opinion 01-65

Mon, 07 Mar 2005 15:05:30 EST

Opinion: 01-65. June 27, 2001. Digest: A judge should not accept membership in a coalition of elected officials in view of the fact that the coalition is likely to be involved in political issues and matters of public controversy.Rule: 22 NYCRR 100.5(A)1) Opinions 99-74; 99-77.. A full-time judge has bee

01-68_.htm

Mon, 07 Mar 2005 15:05:30 EST

Opinion: 01-68. June 27, 2001. Digest. A full-time judge should not accept appointment to the board of directors of the county Industrial Development Agency.Rule. Gen. Mun. Law §852; 22 NYCRR 100.4(C)2)a)Opinions 99-74 94-02 (Vol. XIII) 88-109 (Vol. III). A full-time county court judge inquires whether it

Opinion 01-69

Mon, 07 Mar 2005 15:05:30 EST

Opinion: 01-69. June 27, 2001. Digest: A full-time judge may serve as a trustee pursuant to a will executed prior to January 1, 1974.Rule: 22 NYCRR 100.4(E)1). A full-time judge asks whether the judge may serve as a trustee pursuant to a will the judge drafted in 1971 when the judge was a practicing attorney.

Opinion 01-71

Mon, 07 Mar 2005 15:05:30 EST

Opinion: 01-71. June 27, 2001. Digest: Subject to remittal of disqualification, a part-time lawyer-judge should recuse himself or herself where an attorney appearing before the judge as an attorney had been a client of the judge's law firm within the preceding two years. If more than two years have elapse

01-72_.htm

Mon, 07 Mar 2005 15:05:31 EST

Opinion: 01-72. Digest. A judge may serve on the board of. directors of a not-for-profit hospital,. June 27, 2001. subject to recusal in the event the hospital is a party or otherwise involved in a matter before the judge.Rule. 22 NYCRR 100.3(E)1) 100.3(F) 100.4(C)3) Opinions 00-18; 00-76.. A multi-hat county judge,

Opinion 01-73

Mon, 07 Mar 2005 15:05:31 EST

Opinion: 01-73. June 27, 2001. Digest: A judge who is a candidate for elective judicial office may speak on the topic of election reform at a program sponsored by a political club, subject to the limitations provided for in the Rules Governing Judicial Conduct.Rule: 22 NYCRR 100.0(Q) 100.3(B)8) 100.4(A)1) 100.

Opinion 01-77

Mon, 07 Mar 2005 15:05:31 EST

Opinion: 01-77. June 27, 2001. Digest: Under the circumstances, a judge need not disqualify himself or herself in proceedings involving an attorney who resided briefly with the attorney's fiancé in an apartment in a building owned by the judge, provided the judge believes that he or she can be impartial.

Opinion 01-78

Mon, 07 Mar 2005 15:05:31 EST

Opinion: 01-78. June 27, 2001. Digest: A full-time district court judge may apply for admission to practice before the United State Supreme Court.Rule: People v. Alfani, 227 NY 334 (1919) Uniform District Court Act §103(d)4) 22 NYCRR 100.4(G). A full-time district court judge asks whether he or she may seek admission

01-82.htm

Tue, 25 Jul 2006 17:16:21 EST

Opinion 01-82. June 27, 2001. Digest:. Although a judge may participate in a group solidarity mission to Israel which is sponsored by a charitable and philanthropic organization, the judge should not allow his or her name to be used in promotional materials soliciting participation by others in the trip.Rule:.

Opinion 01-83

Mon, 07 Mar 2005 15:05:32 EST

Opinion: 01-83. June 27, 2001. Digest: Unless an exception set forth in section 100.3(B)6) of the Rules Governing Judicial Conduct applies, a judge may not participate in an ex parte conference in a pending matter requested by a receiver for the purpose of discussing the merits of an action.

Opinion 01-84

Mon, 07 Mar 2005 15:05:32 EST

Opinion: 01-84. October 25, 2001. Digest: A judge may fund an award that recognizes a volunteer involved in high school athletics, and may present the award at an annual awards event, provided that there is no fund-raising or solicitation of contributions involved. The judge also may be identified as the don

Opinion 01-85

Mon, 07 Mar 2005 15:05:32 EST

Opinion: 01-85. October 25, 2001. Digest: A judge whose spouse holds a mortgage on property owned by a corporation should recuse himself or herself in any case where there is an appearance by an attorney who is a shareholder of the corporation, subject to remittal of disqualification.

Opinion 01-86

Mon, 07 Mar 2005 15:05:32 EST

Opinion: 01-86. October 25, 2001. Digest: A full-time judge should not participate in an educational video production about the judicial branch of government that is being produced by a for-profit entity.Rule: 22 NYCRR 100.4(A)3) 100.4(D)3) Opinions 98-121 (Vol. XVII) 98-141 (Vol. XVII) 98-156 (Vol. XVII)

Opinion 01-87

Mon, 07 Mar 2005 15:05:32 EST

Opinion: 01-87. October 25, 2001. Digest: A part-time judge is not prohibited from accepting employment as an investigator for the Public Defender's office of a county which is not the county in which the judge's court is located, provided certain limitations and conditions are adhered to by the judge.

Opinion 01-89

Mon, 07 Mar 2005 15:05:33 EST

Opinion: 01-89. Digest: On the facts presented, a judge may serve as a director of a not-for-profit social services agency that provides services on behalf of abused and neglected children, at-risk families, and the mentally retarded, subject to the limitations on such activities set forth in the Rules Governing Ju

Opinion 01-90

Mon, 07 Mar 2005 15:05:33 EST

Opinion: 01-90. October 25, 2001. Digest: A judge may serve as volunteer chairperson of marshals at a golf tournament which is, in part, a charitable event, provided that the judge is not identified as a judge by title or by use of thRule: 22 NYCRR 100.2(C) 100.4(C)3)b)i) Opinions 90-166 (Vol. VI) 96-147 (Vol. XV).

Opinion 01-92

Mon, 07 Mar 2005 15:05:33 EST

Opinion: 01-92. October 25, 2001. Digest: A judge should not accept a $500 gift certificate from the son of a good friend, whose wedding ceremony the judge had performed, to be used for dinner in a restaurant even if the judge had been an invited guest to the wedding reception at that restaurant but was unab

Opinion 01-94

Mon, 07 Mar 2005 15:05:33 EST

Opinion: 01-94. December 13, 2001. Digest: On the facts presented, a judge may allow a private educational institution to include the judge's name, without judicial designation, in a solicitation letter to prospective contributors to a "matching grant" scholarship fund established in the name of judge's deceased child.

Opinion 01-97

Mon, 07 Mar 2005 15:05:34 EST

Opinion: 01-97. October 25, 2001. Digest: On the facts presented, a part-time judge may be an investor in a local newspaper.. Rule: 22 NYCRR 100.4(D)1). A part-time judge, who is one of several persons interested in taking over the responsibility of publishing a local town newspaper which is now publis

Opinion 01-98

Mon, 07 Mar 2005 15:05:34 EST

Opinion: 01-98. October 25, 2001. Digest: During a campaign for judicial office, a candidate may bring to the public's attention the fact that his or her opponent, who is the incumbent, had been publicly admonished by the State Commission on Judicial Conduct.

01-99_.htm

Mon, 07 Mar 2005 15:05:34 EST

Opinion: 01-99. October 25, 2001. Digest. Two judges who are running for judicial office as part of a slate and who are of the same political party may participate in joint advertising or a joint fund-raiser sponsored or financed by their campaign committees, provided that such activity does not state or imply that

02-01_.htm

Mon, 07 Mar 2005 15:05:34 EST

Opinion 02-01. January 24, 2002. Digest. Under the circumstances presented, the inquiring judge should not serve as a volunteer Fire Investigator for the county.Rules. 22 NYCRR 100.1; 100.2(A) 100.4(A)1) (4). A part-time town justice inquires if it is permissible to serve as a volunteer Fire Investigator for

02-02_.htm

Mon, 07 Mar 2005 15:05:34 EST

Opinion 02-02. May 13, 2002. This is in response to your inquiry (02-02) concerning the possible appearance of a news article in a local newspaper which consists primarily of a description of the jurisdiction and the working of your court, with references to you as the source of the information and expl

Joint Opinion 02-03 and 02-17

Thu, 17 Mar 2005 19:02:03 EST

Joint Opinion 02-03 and. 02-17. March 7, 2002. Digest: Whether a full- time judge as a member of the New York Guard, having been appointed to that position by the Governor, holds a public office or trust, presents a question of State constitutional law that should be determined before the questio

02-04_.htm

Mon, 07 Mar 2005 15:05:35 EST

Opinion 02-04. January 24, 2002. Digest. A part-time town justice may (1) chair the annual school board budget meeting and oversee the school budget vote; (2) attend a fund-raiser sponsored by a not-for-profit organization; (3) be honored for volunteer services at a non-fund-raising event; and, (4) serve as a high

02-05_.htm

Mon, 07 Mar 2005 15:05:35 EST

Opinion 02-05. May 9, 2002. This is in response to your inquiry (02-05) in which you ask whether you may be honored as Trustee of the Year at the annual dinner dance of a hospital on whose board you have served for 10 years, and at the annual luncheon of the [ ] which will be presenting awards to vario

Opinion 02-06

Mon, 07 Mar 2005 15:05:35 EST

Opinion: 02-06. January 24, 2002. Digest: A candidate for judicial office who was unsuccessful in the election, should not personally send a letter to persons who contributed funds to the election campaign, thanking them for their financial support, but the campaign committee may send such a letter, provided

02-07_.htm

Mon, 07 Mar 2005 15:05:35 EST

Opinion 02-07. January 24, 2002. Digest. Under the particular circumstances presented, a judge may write a letter of reference on behalf of another judge who is seeking to be designated by the Chief Administrative Judge to a higher judicial position.Rule. 22 NYCRR 100.2(C) Opinions 00-124; 98-123 (Vol. XVII).

02-08_.htm

Mon, 07 Mar 2005 15:05:36 EST

Opinion 02-08. January 24, 2002. Digest. Whether officiating at a ceremony to renew marriage vows while dressed in a theme costume involving football will detract from the dignity of judicial office is a question to be determined by the judge, under all the circumstances presented.Rules. 22 NYCRR 100.4; 100.4(A)2).

02-09_.htm

Mon, 07 Mar 2005 15:05:36 EST

Opinion: 02-09. January 24, 2002. Digest. A judge should not write a character reference for a friend who is a criminal defendant in a federal court located outside New York State.Rules. 22 NYCRR 100.2(C) Opinions 88-63 (Vol. II) 89-04 (Vol. III) 89-73 (Vol. III) 90-156 (Vol. VI) 95-75 (Vol. XIII) 97-97 (Vol. X

02-10_.htm

Mon, 07 Mar 2005 15:05:37 EST

Opinion 02-10. April 24, 2002. Digest. A judge may write to a legislator to express his/her position with respect to proposed legislation that would grant peace officer status to a court officer.Rule. 22 NYCRR 100.4(B)C)1) Opinions 96-41 (Vol. XIV) 99-158 (Vol. XVIII). A judge asks whether it is ethically permissible t

02-100_.htm

Mon, 07 Mar 2005 15:05:36 EST

Opinion 02-100. September 12, 2002. Digest. Judges who are candidates for judicial office may hold a joint reception to meet the delegates to a judicial nominating convention, provided that there is a proportionate sharing of costs and adequate disavowals of cross-endorsement.Rules. Four judges who are candi

02-102_.htm

Mon, 07 Mar 2005 15:05:36 EST

Opinion 02-102. September 12, 2002. Digest. A judge may ethically perform two wedding ceremonies for the same couple within a period of a few days where the first is official and the second is unofficial and is being held at a reception where the guests are likely to be unaware of the earlier A full-time judge who is

02-106_.htm

Mon, 07 Mar 2005 15:05:36 EST

Opinion 02-106. October 24, 2002. Digest. A judge’s name may be included on the regular letterhead of a charitable division of a county bar association.Rule. 22 NYCRR 100.4(C)3) 100.4(C)3) (b)i) 100.4(C)3)b)iv) Opinions 96-78 (Vol. XIV) 99-08 (Vol. XVII). A judge who is a member of the advisory board of a

02-108_.htm

Mon, 07 Mar 2005 15:05:37 EST

Opinion 02-108. July 6, 2004. Digest. A town justice need not disqualify him/herself in a proceeding in which an officer of a political party that designated that judge for judicial office is likely to be a material witness.Rules. 22 NYCRR 100.3(E)1) Opinions 89-107 (Vol. IV) 91-131 (Vol. VIII) 94-12 (Vol

02-109_.htm

Mon, 07 Mar 2005 15:05:37 EST

Opinion 02-109. October 24, 2002. Digest. A judicial candidate’s campaign committee may accept a campaign contribution from a local elected official when the source of the funds is the official’s own political campaign committee account.Rule. 22 NYCRR 100.5(A)5). A judge who is a candidate for elective judicial o

02-110_.htm

Mon, 07 Mar 2005 15:05:37 EST

Opinion 02-110. October 24, 2002. Digest. A judge must disqualify himself or herself from dog licensing cases where the judge’s daughter-in-law is the dog control officer. Such disqualification is subject to remittal.Rule. 22 NYCRR 100.3(E)1)d)iv) Opinion 88-57 (Vol. II) Opinions 89-95 (Vol. IV) 9

02-112_.htm

Mon, 07 Mar 2005 15:05:37 EST

Opinion 02-112. October 24, 2002. Digest. 1) A judge need not disqualify him/herself in a proceeding involving a law firm which previously employed the judge’s law clerk and currently employs the law clerk’s spouse, as long as the judge believes that he/she can act impartially, but the judge should disclose the rela

02-113_.htm

Mon, 07 Mar 2005 15:05:38 EST

Opinion 02-113. October 24, 2002. Digest. A judge may serve on a Merit Selection Panel to identify qualified candidates to fill the position of Magistrate Judge on the United States District Court, but may not participate in any political activity or lend the prestige of judicial office to advance the private intere

02-114_.htm

Mon, 07 Mar 2005 15:05:38 EST

Opinion 02-114. October 24, 2002. Digest. A judge whose daughter rents an apartment from a law enforcement officer should make disclosure and exercise recusal in the event of objection in any cases involving the officer.Rule. 22 NYCRR 100.3(E)1). A judge’s daughter rents an apartment from a law e

02-116_.htm

Mon, 07 Mar 2005 15:05:38 EST

Opinion 02-116. October 24, 2002. Digest. 1) A full-time judge may speak about a proposed zoning change at various public forums but only as to the effect of the proposed zoning change on the judge’s property, and only in the judge’s individual capacity as a property owner. (2) A judge may contribute to a fund to se

02-118_.htm

Mon, 07 Mar 2005 15:05:38 EST

Opinion 02-118. December 5, 2002. Digest. A judge may write a letter of recommendation at the request of a local bar association to assist the association in nominating an attorney for an award given by the New York State Bar Association where the judge has worked with the attorney on an attorney grievance committee

02-12_.htm

Mon, 07 Mar 2005 15:05:40 EST

Opinion 02-12. March 7, 2002. Digest. A judge may not give a talk on the topic of Wills and Trusts at his/her parish, where the purpose of the talk is to encourage members to leave bequests to the parish.Rule. 22 NYCRR 100.4(B) 100.4(C)3)b)I) 100.4(C)3)b)iv). A judge asks whether it is permissible to give an

02-122_.htm

Mon, 07 Mar 2005 15:05:39 EST

Opinion 02-122. December 10, 2004. This is in response to your inquiry (04-122) in which you ask whether you may be “involved with appealing to the public in a letter for a new building for the courthouse, as well as other village offices.The Committee does not consider it improper for you to sign such a letter.

02-123_.htm

Mon, 07 Mar 2005 15:05:39 EST

Opinion 02-123. December 5, 2002. Digest. A judge should not write a letter of reference for a person to aid the person’s fiancé in obtaining a visa to the United States.Rule. 22 NYCRR 100.2(C) Opinions 93-26 (Vol. XI) 93-12 (Vol. X). A judge inquires as to the propriety of writing a letter of good character

02-124_.htm

Mon, 07 Mar 2005 15:05:39 EST

Opinion 02-124. December 5, 2002. Digest. A judge who was recently represented in a legal matter by an attorney who also is a part-time public defender must exercise recusal should the attorney appear in the judge’s court within two years after the representation was concluded. Thereafter, if the judge feels that he

02-127_.htm

Mon, 07 Mar 2005 15:05:39 EST

Opinion 02-127. December 5, 2002. Digest. A village and town justice who is a lawyer may not appear before a part-time city court judge in the same county, who is a lawyer, merely because the latter has assumed the duties of the full-time city court judge who is ill.Rule.

02-128_.htm

Mon, 07 Mar 2005 15:05:39 EST

Opinion 02-128. January 23, 2003. Digest. A part-time judge may serve on a Attorney Grievance Committee, but should not serve on a Catholic Bishop’s Community Review Board that recommends what measures, if any, should be taken against priests who are the subject of child abuse allegations.Rules.

02-129_.htm

Mon, 07 Mar 2005 15:05:40 EST

Opinion 02-129. January 23, 2003. Digest. Under the circumstances, the particular claim of attorney misconduct being made by a litigant should be forwarded to the local Attorney Grievance CommitteeRule. 22 NYCRR 100.3(D)2) Opinion 97-84 (Vol. XVI). The inquiring judge had presided over an infant ma

Opinion 02-13

Mon, 07 Mar 2005 15:05:41 EST

Opinion: 02-13. March 7, 2002. Digest: (1) A judge should not write a column for a newspaper in which the judge publishes legal notices. (2) A full-time judge who had been appointed referee in a mortgage foreclosure action prior to taking the bench may sign a consent to discontinue and cancel a lis penden

02-130_.htm

Mon, 07 Mar 2005 15:05:40 EST

Opinion 02-130. December 5, 2002. Digest. It is not unethical for a part-time judge to receive appointments under section 722 of the County Law, but such appointments may be barred in the Third Department under section 822.1 of the Rules of the Appellate Division, Third Department.Rule.

02-133_.htm

Mon, 07 Mar 2005 15:05:41 EST

Opinion 02-133. December 5, 2002. Digest. The courthouse should not be used by a judge who has written a book, for the purpose of signing and selling copies of the book even if its subject matter is related to an on-going cultural event taking place in the courthouse.Rule. 22 NYCRR 100.2(C). A judge has written a boo

02-136_.htm

Mon, 07 Mar 2005 15:05:41 EST

Opinion 02-136. December 5, 2002. Digest. A judge whose spouse is an architect should exercise recusal in proceedings involving a law firm which has engaged the spouse in a project for the firm. For a two-year period following completion of the project and the satisfaction of all obligations between the parties, the

02-137_.htm

Mon, 07 Mar 2005 15:05:41 EST

Opinion 02-137. January 23, 2003. Digest. Where a town official who is also treasurer of a client of the two town judges’ law firm has been charged with crimes in connection with his/her town duties, and, based upon the advice of the judges’ law firm, has been suspended from his/her position with the client, both ju

Opinion 02-14

Mon, 07 Mar 2005 15:05:42 EST

Opinion: 02-14. March 7, 2002. Digest: (1) A judge, who received a gift from a close friend of a dinner and raffle ticket, may accept a prize awarded in a random drawing, but must report the value of the gift to the clerk of the judge's court. (2) A judge may serve as president of a not-for-profit organiz

Opinion 02-15

Mon, 07 Mar 2005 15:05:42 EST

Opinion: 02-15. March 7, 2002. Digest: A judge should not issue orders that require publication of foreclosure notices in a newspaper that employs the judge's son as an advertising salesman.Rules: 22 NYCRR 100.2(B) 100.3(C)3). A judge has been in the practice of ordering publication of foreclosure not

Opinion 02-16

Mon, 07 Mar 2005 15:05:42 EST

Opinion: 02-16. April 18, 2002. Digest: Judges may participate in an agreement between the county and the Public Defender's Office which administers the Assigned Counsel Plan, authorizing the assignment of legal counsel to be repaid at assigned counsel rates for persons who, although not indigent pursuant

Joinit Opinion 02-03 and 02-17

Thu, 17 Mar 2005 19:02:03 EST

Joint Opinion. 02-03. and 02-17. March 7, 2002. Digest: Whether a full- time judge as a member of the New York Guard, having been appointed to that position by the Governor, holds a public office or trust, presents a question of State constitutional law that should be determined before the questio

Opinion 02-20

Mon, 07 Mar 2005 15:05:42 EST

Opinion: 02-20. March 7, 2002. Digest: A full-time judge may lecture at a business training workshop offered by a not-for-profit organization on the legal ramifications of operating a business.Rules: 22 NYCRR 100.4; 100.4(B) Opinions 98-121 (Vol. XVII) 94-57 (Vol. XII) 92-05 (Vol. IX). Prior to assuming the ben

02-21_.htm

Mon, 07 Mar 2005 15:05:43 EST

Opinion 02-21. April 18, 2002. Digest. A judge may allow his or her name, photograph and biography to be used by the university of which he or she is a graduate, in an advertising campaign to encourage the recruitment of students, subject to the judge’s oversight as to the content and presentation of such materiaRule.

02-24_.htm

Mon, 07 Mar 2005 15:05:43 EST

Opinion 02-24. March 7, 2002. Digest. Under the circumstances presented, the inquiring judge may be a speaker at a bar association’s fund-raising event for an unrelated charitable organization.Rules. 22 NYCRR 100.3(C)3)b)iii). The inquiring judge had been asked to speak at a bar association luncheon a

02-25_.htm

Mon, 07 Mar 2005 15:05:43 EST

Opinion 02-25. June 18, 2004. DIGEST:. A judge may not appear as a “celebrity bartender” during a bar association fund-raiser.. RULE:. 22 NYCRR 100.2(C) 100.4(C)3)b)i). 100.4(C)3)b)ii). 100.4(D)3)Op.. 89-18, Vol. III; 90-97, Vol. VI; 96-147, Vol. XV; 99-89, Vol. XVII. I.. OPINION. A judge asks whether it i

02-26_.htm

Mon, 07 Mar 2005 15:05:43 EST

Opinion 02-26. March 7, 2002. Digest:. A judge should not write a letter of recommendation encouraging an appointing authority to appoint an attorney to a quasi-judicial vacancy.Rules:. 22NYCRR 100.2(c) Opinions 88-10 (Vol. I) 88-166 (Vol. III) 90-46 (Vol. V) 93-26 (Vol. XI) 96-117 (Vol. XV)A judge inquires about th

02-27_.htm

Mon, 07 Mar 2005 15:05:43 EST

Opinion 02-27. March 7, 2002. Digest. A judge may use unexpended campaign funds to purchase water coolers, microwave ovens, office refrigerators, rugs, desk lamps, copiers, paper shredder, office supplies and a TV/VCR so long as the items are used in court business and become the property of the Unified Court SyRules.

02-28_.htm

Mon, 07 Mar 2005 15:05:44 EST

Opinion 02-28. Digest. A judge may continue to chair a bar association’s fund-raising event so long as the judge does not engage in fund-raising activities, but the judge’s name may not be included in letterhead listing members of the dinner committee that will be used to solicit advertisements fo

02-33_.htm

Mon, 07 Mar 2005 15:05:44 EST

Opinion 02-33. April 18, 2002. Digest. A judge may attend and receive an award at an awards dinnersponsored by a local not-for-profit organization that is a member of a drug court team in the drug court over which the judge presides.Rules. 22 NYCRR; 100.4(C)3)b)i)ii) Opinions 88-66 (Vol. II) 90-184 (Vol. V) 91-42

02-34_.htm

Mon, 07 Mar 2005 15:05:44 EST

Opinion 02-34. April 18, 2002. Digest. A judge may speak individually to members of a party’s countyexecutive committee or to other party leaders about a possible judicial candidacy even though the Window Period is not in effect. But the judge should not contact community residents seeking to determine if they wo

02-35_.htm

Mon, 07 Mar 2005 15:05:44 EST

Opinion 02-35. April 18, 2002. Digest. A plaque honoring a volunteer fire policeman who was killed by a drunk driver while directing traffic for the local fire department should not be prominently displayed in the courtroom, which also serves as a town meeting room when the court is in session.A plaque honoring a volun

02-36_.htm

Mon, 07 Mar 2005 15:05:44 EST

Opinion:02-36. April 18, 2002. Digest. A judge must disqualify himself or herself where a police officer who rents an apartment to the judge’s child appears before the judge. Such disqualification is subject to remittal pursuant to 22 NYCRR 100.3(F)Rule. 22 NYCRR 100.2(A) 100.2(B) 100.3(E)1) 100.3(F).

02-37_.htm

Mon, 07 Mar 2005 15:05:45 EST

Opinion 02-37. July 6, 2004. Digest. A judge may not accept an appointment to serve as a fiduciary, for compensation under Article 81 of the Mental Hygiene Law, but it would not be unethical to continue to serve in such capacity pursuant to a court appointment made prior to the judge asA recently elected full-t

02-38_.htm

Mon, 07 Mar 2005 15:05:45 EST

Opinion 02-38. July 6, 2004. Digest. A judge who is a graduate of a college where the judge is also an adjunct professor may, as a faculty member and prominent alumnus welcome prospective students and their families at the college’s Open House, but may not wear robes, allow the program to detract from the digni

02-39_.htm

Mon, 07 Mar 2005 15:05:45 EST

Opinion 02-39. September 12, 2002. Digest. Under the circumstances presented, and to the extent specified, a judgemay participate in two dinners which are part of a synagogue’s fund-raising program.Rule. 22 NYCRR 100.4(C) (3)b)i) (iv) Opinions 90-28 (Vol. V) 90-97 (Vol.VI) 96-77 (Vol. XIV) 96-115 (Vol. XIV)

02-41_.htm

Mon, 07 Mar 2005 15:05:45 EST

Opinion 02-41. June 7, 2002. Digest. A judge may publically voice an opinion at local municipal board meetings and in letters to the editor concerning community matters that affect the judge’s personal interests, but may not express his/her opinion involving partisan political issues or controversial subjects t

02-42_.htm

Mon, 07 Mar 2005 15:05:46 EST

Opinion 02-42. April 18, 2002. Digest. A judge need not exercise recusal in a case involving enforcement of a village ordinance where the judge’s spouse and first cousin were members of the village board when the ordinance was adopted, but should exercise recusal, subject to remittal, if the judge’s first cousin

02-43_.htm

Mon, 07 Mar 2005 15:05:46 EST

Opinion 02-43. June 7, 2002. Digest. A judge should not continue to serve on a county ethics board that hears complaints with respect to county employees and recommends sanctions.Rules. 22 NYCRR 100.6(B)4) Opinions 91-35(Vol. VII) 92-45 (Vol. IX) 01-49.. A part-time judge asks whether it is ethically per

02-44_.htm

Mon, 07 Mar 2005 15:05:46 EST

Opinion 02-44. July 6, 2004. Digest. Under the circumstances presented, a town justice is not disqualified from presiding over a criminal matter involving a defendant who is a former town constable/court attendant for the inquirer’s co-judge.Rules. 22 NYCRR 100.3(E)1). A town justice inquires whether he/she should exer

02-45_.htm

Mon, 07 Mar 2005 15:05:46 EST

Opinion: 02-45. April 18, 2002. Digest. A full-time judge should not serve on a community services board of a municipal department of mental health.Rules. 22 NYCRR 100.4(C)2) (a) Opinion 89-143 (Vol. IV). A full-time judge has been invited to serve as a member of a community service board of a municipali

02-46_.htm

Mon, 07 Mar 2005 15:05:46 EST

Opinion 02-46. June 7, 2002. Digest. A judge may participate in the organization and administration of a law school alumni event to honor the school’s alumni who serve as judges and judicial officers in the United States and around the world. provided that the judge's role does not involve fund-raising or other

02-47_.htm

Mon, 07 Mar 2005 15:05:47 EST

Opinion 02-47. April 18, 2002. Digest. A judge should not agree to discuss with the office of Borough President, a clemency petition of a prisoner over whose trial thejudge had presided.Rules. 22 NYCRR 100.1; 100.2(C) Opinions 99-07 (Vol. XVII) 95-75 (Vol. XIII) 90-156 (Vol. VI) 89-73 (Vol. III) 89-04 (Vol. III) 88-6

02-49_.htm

Mon, 07 Mar 2005 15:05:47 EST

Opinion 02-49. April 18, 2002. Digest. It is not improper for a judge to initiate a letter to a represented defendant and the defendant’s attorney for the sole purpose of notifying both the attorney and the defendant of an upcoming appearance date.Rules. 22 NYCRR 100.3(B)6)a) Opinion 99-82 (Vol. XVIII) M

02-50_.htm

Mon, 07 Mar 2005 15:05:47 EST

Opinion 02-50. April 18, 2002. Digest. Campaign contributions should not be used topurchase tickets formembers of the judge’s campaign committee to attend politically sponsored dinners and functions held during the judge’s Window Period.Rules. 22 NYCRR 100.0(Q) 100.2(A) 100.5(A)2)v) 100.5(A)5) Opinion 92-97 (Vol. X).

02-51_.htm

Mon, 07 Mar 2005 15:05:47 EST

Opinion 02-51. June 7, 2002. Digest. It is not unethical for a judge to participate in a plea bargain arrangement under which a defendant arrested for patronizing a prostitute will receive an adjournment in contemplation of dismissal, provided that the defendant agrees to attend and pay for the cost of particip

02-54_.htm

Mon, 07 Mar 2005 15:05:47 EST

Opinion 02-54. June 7, 2002. Digest. A judge who had been charged with speeding and driving while intoxicated and was acquitted after trial is not precluded from presiding over cases involving individuals charged with violating the same statutes.Rule. 22 NYCRR 100.3(E). 70 N.Y.2d 402 (1987) Opinions 00-119; 99-81..

02-56_.htm

Mon, 07 Mar 2005 15:05:48 EST

Opinion 02-56. June 7, 2002. Digest. A judge must disqualify himself or herself where an attorney who represents the judge’s child appears before the judge. Such disqualifi- cation is subject to remittal pursuant to 22 NYCRR 100.3(F)Rule. 22 NYCRR 100.2(A) 100.2(B) 100.3(E)1) 100.3(F) Opinions 92-60 (Vol. IX) 97-

02-57_.htm

Mon, 07 Mar 2005 15:05:48 EST

Opinion 02-57. June 7, 2002. Digest. A judge may serve as a president, vice- president, director, secretary, assistant chief or engineer for a local volunteer fire department so long as those positions do not confer peace officer status and do not involve investigative responsibilities.Rules. CPL § 2.10; 22 NYCRR 100.

02-58_.htm

Mon, 07 Mar 2005 15:05:48 EST

Opinion 02-58. June 7, 2002. Digest. Where a judge has been a witness and testified in the grand jury concerning alleged tampering by the defendant with a witness in a case over which the judge was presiding, the judge should not preside in a retrial or sentencing of the defendant, or at the sentencing of anoth

02-60_.htm

Mon, 07 Mar 2005 15:05:48 EST

Opinion 02-60. June 7, 2002. Digest. The justice court’s stationery may include the town logo, but should not include the town supervisor’s name.Rules. 22 NYCRR 100.1; Opinion 93-48 (Vol XI). A part-time town justice asks whether it is ethically permissible to include the name of the town supervisor in the upper lef

02-61.htm

Mon, 24 Jul 2006 19:59:06 EST

Opinion 02-61. Digest:. 1) A part-time lawyer judge may accept appointments in Family Court as a law guardian, but may only accept such appointments in the Supreme Court if no compensation is to be paid. (2) A part-time lawyer judge may be retained by parties in proceedings in Family Court or Supre

02-62_.htm

Mon, 07 Mar 2005 15:05:49 EST

02-62. April 20, 2004. This is in response to your inquiry (02-62) in which you ask whether your name may appear on stationery or other mailing pieces as a member of a committee organizing a law school alumni event. The costs of the event would be covered, in part, by funds raised through the sale of sponsorships.

02-63_.htm

Mon, 07 Mar 2005 15:05:49 EST

Opinion 02-63. June 7, 2002. Digest. A full-time judge may serve on an advisory panel for a proposed school of law and finance that is being established by a local high school.Rules. 22 NYCRR 100.4(A) 100.4(C)3) Opinions 91-139 (Vol. VIII) 93-27 (Vol. XI) 94-59 (Vol. XII). A full-time judge has bee

02-64_.htm

Mon, 07 Mar 2005 15:05:49 EST

Opinion 02-64. June 7, 2002. Digest. 1) The names of three candidates for judicial office who comprise a slate of candidates may be listed on one designating petition. (2) A candidate for judicial office may circulate the designating petition for a slate of judicial candidates provided that the candidate’s name

02-66_.htm

Mon, 07 Mar 2005 15:05:49 EST

Opinion 02-66. June 7, 2002. Digest. A part-time lawyer-judge should exercise recusal in a criminal case where the defendant is a distributee of an estate the judge represents.Rules. 22 NYCRR 100.3(E)1). A part-time judge, who is a lawyer, represents an estate that will be divided among the decedent’s c

02-67_.htm

Mon, 07 Mar 2005 15:05:50 EST

Opinion 02-67. August 26, 2002. This is in response to your inquiry (02-67) in which you ask whether it is permissible for you to serve as a member of the town’s ethics board.It appears from the materials provided that the board is advisory only and does not engage in any kind of adversarial proceed

02-68_.htm

Mon, 07 Mar 2005 15:05:50 EST

Opinion 02-68. June 7, 2002. Digest. A part-time village justice may serve as counsel of record for a candidate for election to public office only if the justice can avoid involvement in any aspect of the candidate’s political campaign, and is fairly compensated for any services provided.22 NYCRR 100.5(A)1)d) 100

02-70_.htm

Mon, 07 Mar 2005 15:05:50 EST

Opinion 02-70. June 7, 2002. Digest. A judge may appear in a video which will be distributed by a not-for-profit organization free of charge to attendees at a conference which is intended to educate patients and doctors about a particular disease; and the judge may be identified in the A judge asks whether it i

02-72_.htm

Mon, 07 Mar 2005 15:05:50 EST

Opinion 02-72. September 12, 2002. Digest. A judge may serve as the moderator for a cable television show that would publicize the availability of the lawyer referral service offered by a bar association.Rule. 22 NYCRR 100.3(B)8) 100.4(A) 100.4(B)C)3) Opinions 88-106 (Vol. II) 89-146(Vol. IV) 95-94 (Vol. XIII

02-73_.htm

Mon, 07 Mar 2005 15:05:50 EST

Opinion 02-73. October 24, 2002. Digest. The clerk of the court, who also acts as the court attorney should not be involved in handling court matters involving a litigant in that court while business dealings with the litigant’s wife are ongoing. Upon the conclusion of the transaction, and for a period of two years

02-77.htm

Thu, 20 Apr 2006 18:51:09 EST

MODIFIED BY OPINION 04-88. Opinion 02-77. September 12, 2002. Digest:. A judge presiding in a Drug Court may consider certain ex parte communications as set forth in Administrative Order 152/02, but should not reward defendants with gifts from co22 NYCRR 100.2(C) Administrative Order 152/02; Opinion 01-52.. Opinion:.

02-78_.htm

Mon, 07 Mar 2005 15:05:51 EST

Opinion 02-78. September 12, 2002. Digest. Under the particular circumstances presented, the inquiring judge may attend the fund-raising event in question; purchase an ad in the journal; and acknowledge his/her status as a member of the group of past presidents of the organization who are being honored.Rule.

02-79_.htm

Mon, 07 Mar 2005 15:05:51 EST

Opinion 02-79. September 12, 2002. Digest. A judge may serve on a law school reunion and reception dinner committee, provided that the judge’s role does not involve fund-raising or otherwise interfere with the judge’s judicial duties.Rules. 22 NYCRR 100.4(A)3) 100.4 (C)3)b). A judge inquires whether

02-80_.htm

Mon, 07 Mar 2005 15:05:51 EST

Opinion 02-80. Digest. A judge may not provide a statement of endorsement for the local CASA (Court Appointed Special Advocates) organization to be included in a brochure used for the purpose of recruiting volunteers.Rules. 22 NYCRR 100 100.4(C)3)b)iv) Opinions 90-73 (Vol. V) 98-98; 98-119.. A Family Court Judge has

02-81_.htm

Mon, 07 Mar 2005 15:05:51 EST

Opinion 02-81. September 12, 2002. Digest. A judge may attend a brunch to raise funds for the Police Benevolent Association scholarship, but the judge may not be the speaker or guest of honor at the event.Rules. 22 NYCRR 100.4(C)3)b)ii) Opinion 98-40 (Vol. XVII). A Citizens’ Advisory Committee for a local Police

02-82_.htm

Mon, 07 Mar 2005 15:05:52 EST

Opinion 02-82. September 12, 2002. Digest. A part-time judge (a) may be a member of and serve on the board of directors of a local merchants’ association, and participate in its annual craft fair, provided the judge does not solicit contributions (2) may play the role of Santa Claus in a weekend holiday promotion spo

02-83_.htm

Mon, 07 Mar 2005 15:05:52 EST

Opinion 02-83. September 12, 2002. Digest. A judge need not recuse in cases involving an insurance carrier which employs the judge’s spouse’s niece who is an attorney engaged in investigating work and who does not make court appearances, provided that the judge does not know or have reason to know of any involvement

02-84_.htm

Mon, 07 Mar 2005 15:05:52 EST

Opinion 02-84. September 12, 2002. Digest. A judge may serve as a co-chair of a profession ethics committee of a local bar association.. Rule. 22 NYCRR 100.4(C)3) Opinions 89-15 (Vol. V) 97-14 (Vol.XV). A judge has been invited to co-chair a professional ethics committee of a local bar association. The

02-85_.htm

Mon, 07 Mar 2005 15:05:52 EST

Opinion 02-85. September 4, 2003. Digest. Whether, on the facts presented, the altering of a copy of a stipulation of settlement by the attorneys involved requires reporting the matter to the appropriate attorney disciplinary committee is to be determined by the judge.Rules.

02-86_.htm

Mon, 07 Mar 2005 15:05:53 EST

Opinion 02-86. Digest. A judge may not seek public election to the board of a public library in a general election in which all voters in the municipalities are entitled to vote; and if heretofore elected to that position in such an election should resign from the board.Rule.

02-87_.htm

Mon, 07 Mar 2005 15:05:53 EST

Opinion 02-87. October 24, 2002. Digest. 1) A judge may not transfer, or seek a transfer of a matter to another court solely for the purpose of permitting a lawyer-judge or his or her partners or associates to continue to remain as the attorney in the matter (2) a part-time attorney-judge may not appear in the loca

02-90_.htm

Mon, 07 Mar 2005 15:05:53 EST

Opinion 02-90. October 24, 2002. Digest. Under section 100.0(Q) of the Rule Governing Judicial Conduct, the “Window Period” commences either nine months prior (1) to the date of formal nomination by primary, caucus or convention or (2) to the date of a party meeting at which a candidate will be endorsed, even if th

02-91_.htm

Mon, 07 Mar 2005 15:05:53 EST

Opinion 02-91. September 12, 2002. Digest. A judge who serves on the Family Court should not serve on the board of directors of a non-profit organization that provides services to individuals who may indirectly have been referred to the agency by theFamily Court.Rules.

02-93_.htm

Mon, 07 Mar 2005 15:05:54 EST

Opinion 02-93. September 12, 2002. Digest. A part-time judge may be employed by a probation department in a clerical position in a county other than the one in which the judge’s court is locatedRule. 22 NYCRR 100.6(B)4) Opinion 90-186 (Vol. VI). A part-time town justice asks whether it is ethica

02-94_.htm

Mon, 07 Mar 2005 15:05:54 EST

Opinion 02-94. September 12, 2002. Digest. A part-time town justice may attend a public meeting held by a town council to speak about a proposal to replace two part-time justices in the town court with one full-time justice and one part-time justice.Rule.

02-95_.htm

Mon, 07 Mar 2005 15:05:54 EST

Opinion 02-95. September 12, 2002. Digest:. The requirements and restrictions of 22 NYCRR Part 36 governing fiduciary appointments do not apply to a referee appointed to conduct a deposition of the parties in a civil action where the fee is being determined by the parties and the referee, but the requirements and rest

02-96_.htm

Mon, 07 Mar 2005 15:05:54 EST

Opinion 02-96. Digest. A judge should exercise recusal in cases involving the District Attorney’s office, once the State Commission on Judicial Conduct has charged the judge with misconduct in a formal written complaint based upon a complaint against the judge that was made by the District Attorney.Rule.

02-98_.htm

Mon, 07 Mar 2005 15:05:54 EST

Opinion 02-98. September 12, 2002. Digest. A judge may attend a fund-raising event sponsored by a local Black andHispanic Coalition even though the organization may support endorsed candidates for elective public office.Rules. 22 NYCRR 100.0(Q) 100.5(A)1) 100.5(A)2). A judge inquires regarding the propriety of attend

02-99_.htm

Mon, 07 Mar 2005 15:05:55 EST

Opinion 02-99. September 12, 2002. Digest. A judge may not officiate at a purported wedding ceremony where one of the parties is not legally divorced and thus no marriage license has been issued by reason of the party’s ineligibility to enter into the marriage as of the date of the intended ceremony.Rules.

03-01_.htm

Mon, 07 Mar 2005 15:05:55 EST

Opinion 03-01. January 23, 2003. Digest. A part-time lawyer-judge may become a member of The Federalist Society and its Lawyers Division.. Rule. 22 NYCRR 100.0(Q) 100.4(C)3) Opinion 98-149. The inquiring part-time city court judge asks whether it is permissible to join The Federalist Society, a self-described “gro

03-02_.htm

Mon, 07 Mar 2005 15:05:55 EST

Opinion 03-02. January 23, 2003. Digest. The disposition by a full-time judge of his/her collection of sports memorabilia by way of direct sale to dealers, or consignment, or auction, or a one-time liquidation, would not violate section 100.4(D)3) of the Rules Governing Judicial Conduct.Rules.

03-03_.htm

Mon, 07 Mar 2005 15:05:55 EST

Opinion 03-03. March 6, 2003. Digest:. Where a judge’s complaint to the State Commission on Judicial Conduct about an attorney-judge who is appearing before him/her in a homicide case (1) was made subsequent to the attorney-judge having complained to the State Commission on Judicial Conduct about the inquirer, (2

03-04_.htm

Mon, 07 Mar 2005 15:05:55 EST

Opinion 03–04. January 23, 2003. Digest. A judge should not write to the County Legislature asking it to intervene to resolve a labor-management impasse between the county and its correction officers.Rule. 22 NYCRR 100.2(C) Opinions 99-158, Vol. XVIII; 99-37, Vol. XVII; 96-41, Vol. XIV. The inquiring village jus

03-06_.htm

Mon, 07 Mar 2005 15:05:56 EST

Opinion 03-06. March 6, 2003. Digest:. 1) The names of two candidates for judicial office may be included on the same designating petition. (2) Two candidates for judicial office should not establish a single committee to finance their election campaigns. (3) A campaign committee for a candidate for elective judi

03-07_.htm

Mon, 07 Mar 2005 15:05:56 EST

Opinion 03-07. March 6, 2003. Digest. A retired judge who serves as a Judicial Hearing Officer may serve on the Board of Directors of a local legal services office that provides free legal services to eligible litigants, but may not engage in fund-raising on behalf of the organization.Rules. 22 NYCRR 100.4(H)1)c) 100

03-08_.htm

Mon, 07 Mar 2005 15:05:56 EST

Opinion 03-08. March 6, 2003. Digest. Under the circumstances, a judge may attend a purely social gathering of former members of the New York State Assembly of the same political party, which is being organized by present members of the Assembly of that political party.22 NYCRR 100.5(A)1)g) Opinion 93-94 (Vol. XI).

03-09_.htm

Mon, 07 Mar 2005 15:05:56 EST

Opinion 03-09. March 6, 2003. Digest. Recusal is not required merely because the lawyer who is appearing before the judge is an associate of a former partner in a law firm that had previously represented the judge and which is now defunct, where the partner had no involvement in the matter and does not practice

03-10_.htm

Mon, 07 Mar 2005 15:05:58 EST

Opinion 03-10. August 12, 2004. This is in response to your inquiry (03-10) concerning your sibling’s intended affiliation with a law firm on a “part-time of counsel basis” It is anticipated that your sibling would have no financial interest in the firm and would only receive compensation for matters actua

03-101_.htm

Mon, 07 Mar 2005 15:05:56 EST

Opinion 03-101. October 23, 2003. Digest. Under the particular circumstances, invitations to lawyers and experts to serve as guest lecturers at a law school class being taught by two judges before whom such persons appear regularly in court, should be extended by the law school and not the judge.Rules.

03-103_.htm

Mon, 07 Mar 2005 15:05:57 EST

Opinion 03-103. October 23, 2003. Digest. Under the circumstances presented, a judge may contribute to a fundcreated on behalf of a Legal Aid Society attorney who has been seriously injured in an accident, even though that attorney has appear22 NYCRR 100.4(A)1) Opinions 88-27 (Vol. I) 95-131 (Vol. XIV).

03-105_.htm

Mon, 07 Mar 2005 15:05:57 EST

Opinion 03-105. October 23, 2003. Digest. Neither a part-time judge who practices law, nor the judge’s law firm or any of its members may appear as attorneys in a matter that originated in the judge’s court.Rule. Jud. Law §16; 22 NYCRR 100.2. The two inquiring judges, who serve as the town judges of the same court, a

03-106_.htm

Mon, 07 Mar 2005 15:05:57 EST

Opinion 03-106. October 27, 2003. Digest. A judge may attend an anniversary celebration commemorating 5 years of service by a local senior citizens’ residence and health care facility.Rules. 22 NYCRR 100.2. A judge inquires concerning the propriety of attending an event commemorating 5 years of service by

03-107_.htm

Mon, 07 Mar 2005 15:05:57 EST

Opinion 03-107. October 23, 2003. Digest. A judge should not permit a private for- profit mediation service to place promotional brochures in the courthouse and should not suggest the use of its services to parties appearing before the judge.Rule.

03-109_.htm

Mon, 07 Mar 2005 15:05:57 EST

Opinion 03-109. December 11, 2003. Diges. t:. 1) A judge may use unexpended campaign funds to buy, for use in trials, a television set with VCR capability, which would become the property of the Unified Court System. (2) A judge may not donate unexpended campaign funds to a fund that is listed o

03-11_.htm

Mon, 07 Mar 2005 15:05:59 EST

Opinion 03-11. March 6, 2003. Digest. An appellate court justice need not recuse him/herself nor make disclosure in cases in which a hospital which employs the judge’s son as a faculty member and as chief of a division, is a party, provided that neither the son nor the division was involved in the case on appeal.Rule.

03-110_.htm

Mon, 07 Mar 2005 15:05:58 EST

Opinion 03-110. August 13, 2004. Digest. A judge has discretion to determine whether to advise the appropriate authorities as to possible illegal activity that is revealed in the course of testimony in a case pending before the judge.Rules. 22 NYCRR 100.3(D)Opinions 88-55/88-103 (Vol. III) 96-54 (Vol. XIV).

03-111_.htm

Mon, 07 Mar 2005 15:05:58 EST

Opinion 03-111. August 13, 2004. Digest. 1) A judge’s law clerk who is the judge’s personal appointee may circulate petitions for persons running for judicial and non-judicial office, and may review and draft such petitions, but not in the capacity of counsel. (2) The law clerk should not do legal research or draft

03-112_.htm

Mon, 07 Mar 2005 15:05:58 EST

Opinion 03-112. August 27, 2004. Digest. Under the circumstances described it is not unethical for the judge to hold arraignments at night at a location other than the courthouse.Rules. Judiciary Law § 10, 13;. People. v.. Pisano. 142 A.D.524 (2d Dept. 1911) 22NYCRR 100.2; Opinion 96-100 (Vol. XIV).

03-114_.htm

Mon, 07 Mar 2005 15:05:58 EST

Opinion 03-114. December 1, 2003. Digest. It is not unethical for a judge, who was not a candidate for election to judicial office, to attend the induction ceremony of another judge, and thereafter the reception which is being paid for out of surplus campaign funds.22 NYCRR 100.5(A)1)c) (g) Opinion 97-145 (Vol. XVI).

03-118_.htm

Mon, 07 Mar 2005 15:05:59 EST

Opinion 03-118. December 11, 2003. Digest. A part-time Justice may serve as a data entry clerk in aCounty Sheriff’s Department provided the judge disqualifies himself or herself from all matters involving the department.Rule. 22 NYCRR 100.6(B)4) Opinion 91-149 (Vol. VIII). A part-time judge inquire

03-119_.htm

Mon, 07 Mar 2005 15:05:59 EST

Opinion: 03-119. January 29, 2004. Digest. Any excess funds raised by a post-election fund-raiser may not be used to repay loans made by the judge to the campaign.Rules. 22 NYCRR 100.5(A)5) Opinions 87-16 (Vol. I) 93-20 (Vol. X) 96-31(Vol. XIV) 98-132/136 (Vol. XVII). A judge who was recently elected states that the j

03-12_.htm

Mon, 07 Mar 2005 15:06:00 EST

Opinion 03-12. September 4, 2003. Digest. Under the circumstances presented, the judge may not establish a legal defense fund to pay legal expenses incurred in connection with a determination by the State Commission on Judicial Conduct that the judge be removed from office, and the review of that determination by th

03-120_.htm

Mon, 07 Mar 2005 15:05:59 EST

Opinion 03-120. January 29, 2004. Digest. Neither a part-time city court judge nor his or her co-judge may permit the judge’s child, who is the judge’s law partner and who expects to become the city’s corporation counsel, to appear before the22 NYCRR 100.3(E)1)c)100.6(B) (2) Opinion 95-112, (Vol XIII).

03-122_.htm

Mon, 07 Mar 2005 15:05:59 EST

Opinion 03-122. January 29, 2004. Digest. 1) A judge who is a candidate for judicial office may accept an invitation to be a guest of a law firm at a bar association function, and the judge may sit at a table reserved for and bearing a label identifying the table as being reserved for that firm, but should make disc

03-122a.htm

Mon, 07 Mar 2005 15:06:00 EST

Opinion 03-122a. April 29, 2004. Digest. 1) A judge who is also a candidate for a Supreme Court nomination may attend political functions for a period commencing nine months prior to the judicial nominating convention and ending six months after the judicial nominating convention even if the judge is not chosen as

03-126.htm

Thu, 06 Apr 2006 14:12:31 EST

Opinion 03-126. December 11, 2003. Digest. 1) Where the District Attorney has asked the judge to appoint “shadow counsel” to assist the defendant, who wishes to cooperate with the police in drug investigations, and who has stated that his/her present attorney deals in cocaine, the judge must first designate a lawyer

03-128_.htm

Mon, 07 Mar 2005 15:06:00 EST

Opinion 03-128. January 29, 2004. Digest. On the facts presented, no ethical impediment appears to bar the inquiring judge from continuing to serve as an uncompensated Mental Hygiene Law, Article 81 guardian which appointment had been made and modified prior to the assumption of judicial office, provided that such s

03-129_.htm

Mon, 07 Mar 2005 15:06:00 EST

Opinion 03-129. January 29, 2004. Digest. 1) The inquiring judge may continue to serve as an officer, director, trustee or non-legal advisor of a religious organization, and may advise the organization on the planning of events and other non-legal matters but may not be actively involved in fund-raising, nor permit

03-13_.htm

Mon, 07 Mar 2005 15:06:02 EST

Opinion 03-13. March 3, 2003. Digest:. A judge who served as campaign manager for the District Attorney ten years ago, saw the District Attorney at two social functions during the last year, and administered the oath of office to the District Attorney as president of a professional organization not exercise recus

03-130_.htm

Mon, 07 Mar 2005 15:06:01 EST

Opinion 03-130. March 16, 2004. Digest. A full-time City Court judge may not accept an appointment to serve as a compensated, part-time acting village justice.Rules. N.Y. Const. Art. 6, §20; Uniform City Court Act §107; 22 NYCRR 100.4(H)1) (c) Joint Opinion 98-07/98-24 (Vol. XVI)A full-time City Court ju

03-133_.htm

Mon, 07 Mar 2005 15:06:01 EST

Opinion: 03-133. January 29, 2004. Digest. A judge who was previously employed as chief of police of a town police department within the court’s jurisdiction must disclose the prior employment and exercise recusal in all matters involving the police department that were pending as of the date the judge left such empl

03-135_.htm

Mon, 07 Mar 2005 15:06:01 EST

Opinion 03-135. January 29, 2004. Digest. An appointed acting village justice should not serve on a local, elected school board.. Rules. 22 NYCRR 100.6(B)4) Opinions 96-09 (Vol XIV) 90-63 (Vol V) 88-142 (Vol. III). Opinion:. An appointed acting village justice asks if it permissible to continue to s

03-136_.htm

Mon, 07 Mar 2005 15:06:01 EST

Opinion 03-136. March 1, 2004. Digest. The chief judge of a city court must consult with and seek the approval of the Deputy Chief Administrative Judge, in devising and implementing procedures for avoiding appearances of nepotism and favoritism with respect to the judge’s exercise of supervisory authority over hi

03-137_.htm

Mon, 07 Mar 2005 15:06:01 EST

Opinion 03-137. January 29, 2004. Digest. A judge may not “adopt” a military unit in the name of the court, nor may the judge permit court employees assigned to him/her to do so, where the purpose of such activity is to raise funds for charitable purposes.22 NYCRR 100.2(C) 100.4 (C)3)b)I) Opinions 94-58 (Vol. XII).

03-138_.htm

Mon, 07 Mar 2005 15:06:02 EST

Opinion 03-138. January 29, 2004. Digest. A full-time judge may not serve as a member of a Compliance and Audit Committee of a charitable organization that operates hospitals and other medical centers, where the duties of the committee include the responsibility of ensuring that the organization’s accounting procedu

03-139_.htm

Thu, 31 Mar 2005 20:17:33 EST

Opinion 03-139. Digest. A judge may be a named plaintiff in a lawsuit that will challenge the integrity of the judicial convention system to select Supreme Court Justices in New York StateRule. 22 NYCRR 100.1; 100.2(A) (B) ( C)100.3(B) (1) (D) (1) (D) (3) 100.4(A) (C) (3) (b)iv) (D) (1) (a) (G) 100.5 (A) (1) (h) (A) (

03-140_.htm

Mon, 07 Mar 2005 15:06:02 EST

Opinion: 03-140. January 29, 2004. Digest. 1) A part-time city court judge may continue to practice law subject to the limitations set forth in the Rules Governing Judicial Conduct. (2) A part-time city court judge and the judge’s mother may be appointed law guardians pursuant to §243 of the Family Court Act and §35(

03-141_.htm

Mon, 07 Mar 2005 15:06:02 EST

Opinion 03-141. March 12, 2004. Digest. A judge may comment upon a case no longer in the judicial process but must do so in a dignified, discreet and impartial manner without indicating a predisposition in future cases.Rule. 22 NYCRR 100.2(A) 100.3(B)8) Opinions 95-48 (Vol. XIII) 88-106 (Vol. II).

03-19_.htm

Mon, 07 Mar 2005 15:06:02 EST

Opinion 03-19. March 6, 2003. Digest:. 1) A judge who is a sixth degree relation to an attorney is prohibited from appointing the attorney to represent indigent defendants pursuant to Article 18-B of the County Law. (2) A judge who is a fourth degree relation to an attorney must recuse himself or herself, subject

03-20_.htm

Mon, 07 Mar 2005 15:06:03 EST

Opinion 03-20. March 6, 2003. Digest:. The courthouse may be used for a ceremony and reception hosted by local bar associations for the purpose of honoring the new chairperson of a legislative judiciary committee; and the administrative judge may speak at the reception.Rules:.

03-21_.htm

Mon, 07 Mar 2005 15:06:03 EST

Opinion 03-21. March 6, 2003. Digest:. A village justice should advise the village board of trustees that, as a matter of judicial ethics, it is impermissible for the village justice court clerk to retain that position while simultaneously holding the office of vi22 NYCRR 100.2(A) NY Op. Atty. Gen 84-21.. Opinion:.

03-22_.htm

Mon, 07 Mar 2005 15:06:03 EST

Opinion 03-22. April 15, 2003. Digest. A town justice may serve as bookkeeper to the Town Supervisor, but should not serve as clerk of the town court, secretary to the Town Planning and Zoning Boards, or secretary to the town Codes Enforcement Officer.Rules. 22 NYCRR 100.2(A) 100.3(E)1) 100.4(A) 100.6(B)4) O

03-24_.htm

Mon, 07 Mar 2005 15:06:03 EST

Opinion 03-24. March 6, 2003. Digest:. A judge may not take a leave of absence from his or her judicial office to participate in a candidate’s campaign for elective public office.Rule:. 22 NYCRR 100.5(A)1)c) 100.5(B) Opinion 89-126 (Vol. IV). Opinion:. A judge asks whether it is permissible for a judge

03-26_.htm

Mon, 07 Mar 2005 15:06:04 EST

Opinion 03-26. December 21, 2004. This is in response to your inquiry (03-26) which asks: “Can a part-time judge who is also a lawyer be appointed a special prosecutor, a law guardian, or assigned counsel for a criminal matter?Although not explicitly stated, we presume you are asking whether you are p

03-28_.htm

Mon, 07 Mar 2005 15:06:04 EST

Opinion 03-28. August 12, 2004. Digest. A town justice who is also a candidate for judicial office may not actively engage in a fund-raising effort to cover medical expenses for the child of a friend, and may not promise to set up and fund a legal scholarship, if elected.Rule.

03-29_.htm

Mon, 07 Mar 2005 15:06:04 EST

Opinion 03-29. April 15, 2003. Digest:. A judge may serve on the board of directors of a not-for-profit foundation dedicated to bridging the gap between religions to achieve peace, understanding and mutual respect so long as the judge is not involved in fund-raising activities on behalf of the foundation.Rule:.

03-30_.htm

Mon, 07 Mar 2005 15:06:04 EST

Opinion 03-30. April 15, 2003. Digest. A judge whose principal court attorney’s spouse is a director of a legal services corporation whose attorneys appear before the judge is not disqualified from presiding in those attorneys’ cases or required to disclose the relationship; but if the court attorney’s spouse was

03-31_.htm

Mon, 07 Mar 2005 15:06:04 EST

Opinion 03-31. August 16, 2004. This is in response to your inquiry (03-31) in which you seek the Committee’s guidance as to the appropriateness of your possible participation in what appears to be a religious event taking place in the court house.The Committee does not believe it is unethical for

03-34.htm

Tue, 01 Nov 2005 14:18:06 EST

Opinion 03-34. April 15, 2003. Digest. A part-time judge who practices law, should not allow his/her law firm to indicate the judge’s judicial status on its Internet website.Rules. 22 NYCRR 100.2(C) Opinions 92-125 (Vol. X) 99-105.. A part-time judge who is permitted to practice law asks if it is ethically

03-37_.htm

Mon, 07 Mar 2005 15:06:05 EST

Opinion 03-37. April 15, 2003. Digest. A full-time judge may perform the ministerial act of executing new documents to replace those the judge had signed as a referee in a mortgage foreclosure action prior to assumNY Const. Art. 6 §20(b)4) 22 NYCRR NY 100.4(G) Opinions 99-76 (Vol. XVIII)99-25 (Vol. XVII).

03-38_.htm

Mon, 07 Mar 2005 15:06:05 EST

Opinion 03-38. April 15, 2003. Digest. A judge who is a member of the Board of Trustees of a library should not write a letter to a newspaper or make any other public statement in support of a ballot proposition that would secure funding for the library.Rule. 22 NYCRR 100.4(C)3)b)i) Opinions 95-02 (Vol. XIII) 00-33..

03-40_.htm

Mon, 07 Mar 2005 15:06:05 EST

Opinion 03-40. April 15, 2003. Digest. A part-time lawyer-judge need not exercise recusal when the town attorney’s law partners appear in the court.Rule. 22 NYCRR 100.2; 100.3(E)1) Opinion 92-16(Vol. IX). Two part-time lawyer-town justices ask whether they must exercise recusal when the town attorney’s l

03-42_.htm

Mon, 07 Mar 2005 15:06:05 EST

Opinion 03-42. June 12, 2003. Digest. 1) A town justice may (a) witness signatures on his or her own nominating petition and (b) on a nominating petition for a slate of candidates from the judge’s own political party or another political party, provided that the petition includes the judge’s name as a nominee of

03-44_.htm

Mon, 07 Mar 2005 15:06:05 EST

Opinion 03-44. March 6, 2003. Digest. A deputy elections commissioner who is legally permitted to serve as a town justice, may serve in such office provided that his or her employment does not prevent adherence to the Rules Governing JudiElection Law § 3-200(4) 22 NYCRR Part 100; 100.3(A) 100.5(A)1)a) (i).

03-45_.htm

Mon, 07 Mar 2005 15:06:06 EST

Opinion 03-45. June 12, 2003. Digest. 1) A judge who is a candidate for judicial office may, during the Window Period, purchase two tickets to and attend a fund-raising event sponsored by a not-for-profit advocacy organization that promotes equal rights for gay and lesbians, but should request that the organizat

03-46_.htm

Mon, 07 Mar 2005 15:06:06 EST

Opinion 03-46. June 12, 2003. Digest. A judge may present a lecture at a program sponsored by the Latin Advocacy Coalition Campaign Academy, provided that such participation does not involve the judge in partisan political activities.Rule. 22 NYCRR 100.4(A)B) 100.5; Opinions 92-05 (Vol. IX) 94-57 (Vol. XII) 02-20..

03-47_.htm

Mon, 07 Mar 2005 15:06:06 EST

Opinion 03-47. June 12, 2003. Digest. A judge should not write a letter to the New York State Department of Labor supporting an application for “Alien Labor Certification” at the request of a person known to the judge and the judge’s family as a waiter who works for a neighborhood restaurant.22 NYCRR 100.2(c) Opinion

03-48_.htm

Mon, 07 Mar 2005 15:06:06 EST

Opinion 03-48. June 12, 2003. Digest. A law clerk who is a judge’s personal appointee should not act as treasurer for a political candidate’s campaign.Rule. 22 NYCRR 100.5(C)3) Opinion 93-36 (Vol. XI). A judge has asked whether a law clerk who is the judge’s personal appointee can act as treasurer for

03-49_.htm

Mon, 07 Mar 2005 15:06:06 EST

Opinion 03-49. June 12, 2003. Digest. Pursuant to Part 36 of the Rules of the Chief Judge, apart-time judge is not eligible for the judicial appointments set forth in §36.1 of the Rules.Rules. NYS Constitution, Art. 6, §1(a) County Law Art. 18-B; 22 NYCRR 36.1(a)3) 36.2(c)1) 100.6(B) Opinion 91-86 (Vol. VIII)

03-50_.htm

Mon, 07 Mar 2005 15:06:07 EST

Opinion 03-50. December 22, 2004. This responds to your inquiry (03-50) whether a town justice may practice law together with the town attorney, and, if so, under what circumstances.The Committee believes it impermissible for the town attorney’s legal staff to appear in your court, be it a deputy or some o

03-51_.htm

Mon, 07 Mar 2005 15:06:07 EST

Opinion 03-51. June 12, 2003. Digest. 1) A judge should not voluntarily write a letter to the Immigration Naturalization Service (INS) on behalf of a member of the judge’s church attesting to the member’s good character and requesting an expedited exclusion hearing, but may respond to a request for a letter of g

03-53_.htm

Mon, 07 Mar 2005 15:06:07 EST

Opinion 03-53. September 4, 2003. Digest. A judge may serve as chairperson of the Advisory Council of a not- for-profit organization that operates day care and senior citizen centers, provided that there is adherence to the Rules Governing Ju22 NYCRR 100.2(C) 100.3(A) 100.4(A)3) 100.4(C)3) 100.4(C) (3)b)i).

03-54_.htm

Mon, 07 Mar 2005 15:06:07 EST

Opinion 03-54. June 12, 2003. Digest. A judge may participate as a panelist and lecturer on the law of evidence at the annual meeting of the National Association of Criminal Defense Lawyers, provided that the judge does not comment on pending or impending cases, and does not indicate a pre-disposition to rule in

03-55_.htm

Mon, 07 Mar 2005 15:06:07 EST

Opinion 03-55. June 12, 2003. Digest. A judge may attend monthly bar association meetings together with his or her spouse, and its annual dinner dance as the guest(s) of the bar association.Rule. 22 NYCRR 100.4(D)5) 100.4(D)5)a). A judge asks the following questions: (1) May the judge attend monthly bar

03-57_.htm

Mon, 07 Mar 2005 15:06:08 EST

Opinion 03-57. June 12, 2003. Digest. A part-time lawyer-judge should not preside over matters handled by anattorney who is a former employee of the judge’s private law firm for a two-year period after the judge’s association with the attorney has ended. Such disqualification is subject to remittal.Rule.

03-58_.htm

Mon, 07 Mar 2005 15:06:08 EST

Opinion 03-58. June 12, 2003. Digest. A full-time judge may not serve as a justice for a fraternal organization adjudicating disputes between its members or between members and the organization.Rule. 22 NYCRR 100.4(F) Opinions 96-76 (Vol. XIV) 92-123 (Vol. X). The inquiring full-time judge is a member of a fra

03-59_.htm

Mon, 07 Mar 2005 15:06:08 EST

Opinion 03-59. September 4, 2003. Digest. Under the circumstances presented, a judge whose court attorney hasbeen contacted by telephone by another judge concerning a matterinvolving a friend of the caller, in which the question was raised of getting the inquiring judge to recuse him/herself so that the friend’s pet

03-61_.htm

Mon, 07 Mar 2005 15:06:09 EST

Opinion 03-61. September 4, 2003. Digest. Subject to any applicable provision of the Election Law, a judge who was actively raising funds to finance a campaign for re-election to a non-judicial office just prior to his/her appointment to the bench may return monies remaining in the judge’s campaign account pro rata

03-63_.htm

Mon, 07 Mar 2005 15:06:09 EST

Opinion 03-63. October 23, 2003. Digest. It is ethically permissible for a judge to serve as president of a chapter of the Women’s Bar Association.Rules. 22 NYCRR 100.4(C)3) 100.4(C)3)b)i) (iv) 100.5(A)1) Opinion 88-100 (Vol. II) 96-49 (Vol. XIV) 98-50 (Vol. XVI)A judge asks whether it is ethically permissible t

03-64_.htm

Mon, 07 Mar 2005 15:06:09 EST

Opinion 03-64. September 4, 2003. Digest. 1) A judge who is running for election should exercise recusal when attorneys who are engaged in fund-raising or in other active conduct in support of the judge's candidacy appear before the judge during the course of the campaign. If the attorneys held leadership positions

03-65_.htm

Mon, 07 Mar 2005 15:06:09 EST

Opinion 03-65. June 12, 2003. Digest. A full-time judge who presides in a matrimonial part may contribute to a monthly update service that reports recent Appellate Division decisions in the area of matrimonial law but must ensure that the publisher does not engage in any marketing or other promotional activity t

03-66_.htm

Mon, 07 Mar 2005 15:06:09 EST

Opinion 03-66. June 12, 2003. Digest. A part-time town justice who practices law, may appear in a city court located in the same county as the justice’s town court that is presided over by both full-time and part-time judges, only when a full-time city court judg22 NYCRR 100.6(B)2) Opinion 96-99 (Vol. XIV).

03-67_.htm

Mon, 07 Mar 2005 15:06:09 EST

Opinion 03-67. June 12, 2003. Digest. A judge should not serve on an advisory committee to a law school women’s justice center where the committee’s primary role is to address domestic violence issues exclusively from the standpoint of the victim.Rules.

03-68_.htm

Mon, 07 Mar 2005 15:06:10 EST

Opinion 03-68. September 4, 2003. Digest. A judge who is an candidate for election to another judicial office may purchase two tickets to a politically sponsored function during the Window Period, provided that he/she intends to attend the event and the event takes place during the Window Period.Rules.

03-69_.htm

Mon, 07 Mar 2005 15:06:10 EST

Opinion 03-69. June 12, 2003. Digest:. A judge should not consent to the judge’s law clerk co-authoring articles with an attorney whose law firm litigates frequently before the judge in the area of the law covered by the proposed articles.Rules:. 22 NYCRR 100.1; 100.2(A)C). Opinion:. A judge’s law clerk has o

03-70_.htm

Mon, 07 Mar 2005 15:06:10 EST

Opinion 03-70. June 12, 2003. Digest. A part-time judge who practices law may continue to represent certain clients as an assigned law guardian, provided that the assignments took place prior to the judge’s appointment to the bench.Rules. 22 NYCRR 36.2(c)1)100.4(G) 100.6(B)1). An attorney who has been

03-71_.htm

Mon, 07 Mar 2005 15:06:11 EST

Opinion 03-71. September 4, 2003. Digest. A judge should not accept appointment as a college’s “distinguished jurist in residence” when the program is funded by law firms that may appear before the judge.Rule. 22 NYCRR 100.2(A) 100.4(A)1) 100.4(B). A judge who is a member of a selection committee f

03-75_.htm

Mon, 07 Mar 2005 15:06:11 EST

Opinion 03-75. September 4, 2003. Digest. Under the circumstances, a full-time judge should not serve on an advisory panel of a religious orderformed for the purpose of reviewing and considering procedures for handling allegations of sexual misconduct being made against members of the order and the reassignment opti

03-77_.htm

Mon, 07 Mar 2005 15:06:11 EST

Opinion 03-77. September 4, 2003. Digest. A judge is not required to disqualify himself or herselfin a case when a known supporter of the judge’s opponent in a re-election campaign appears as attorney, if the judge believes that he or she can22 NYCRR 100.3(E)1) 100.3(F) Opinions 92-82 (Vol. IX) and 00-78/00-80.

03-79_.htm

Mon, 07 Mar 2005 15:06:11 EST

Opinion: 03-79. September 4, 2003. Digest. A full-time judge should not serve as Commissioner of a volunteer fire department.. Rules. Town Law §174; 22 NYCRR 100.4(A)3) 100.4(C)2)a) 100.4(F) Opinions 89-147, (Vol. IV) 90-5, (Vol. V) 92-123, (Vol. X) 95-102 (Vol. XIII) 96-76, (Vol. XIV)A full-time Court of Clai

03-80_.htm

Mon, 07 Mar 2005 15:06:11 EST

Opinion 03-80. September 4, 2003. Digest. A Child Support Magistrate in Family Court, may not actively be involved in fund-raising for a bar foundation.Rule. 22 NYCRR 100.4(C)3)b) (i) 100.6; Opinions 88-44 (Vol. II) 88-77 (Vol. II) 91-74 (Vol. VII) 94-90 (Vol. XII)A Child Support Magistrate in Family Court (former

03-82_.htm

Mon, 07 Mar 2005 15:06:12 EST

Opinion 03-82. October 23, 2003. Digest. Under the circumstances presented, a judge may accept a monetary stipend from a not-for-profit foundation at a non-fund raising function and may contribute that stipend to a charity, but must report its receipt to the office of the clerk of the judge22 NYCRR 100.4(D)5)a) 100

03-83_.htm

Mon, 07 Mar 2005 15:06:12 EST

Opinion 03-83. September 4, 2003. Digest. Under the circumstances presented, a judge should disqualify him/herself (1) in those cases in which attorneys selected by the judge’s spouse represent the spouse’s employer in matters pending, before the judge and, if such cases are pending in unrelated cases in which the a

03-84_.htm

Thu, 17 Mar 2005 19:02:02 EST

Joint Opinion 03-84 and. 03-89. September 4, 2003. Digest. Judges may participate in legal educational programs sponsored by advocacy organizations provided that the judges do not seek to instruct on questions of strategy or tactics in support of the litigation engaged in by members of such groups, and do no

03-85_.htm

Mon, 07 Mar 2005 15:06:12 EST

Opinion 03-85. September 4, 2003. Digest. A part-time judge may serve as a judge for a college in traffic matters arising on campus at a college in an adjoining county.Rule. 22 NYCRR 100.6(B)4) Opinion 00-14 (Vol. XVIII). A town justice has inquired whether he/she can accept an appointment by a c

03-87_.htm

Mon, 07 Mar 2005 15:06:12 EST

Opinion 03-87. September 4, 2003. Digest:. 1) A judge whose spouse is an attorney with the New York State Police is not disqualified from hearing all cases involving the State Police, but should not preside in any case in which the spouse has been involved; (2) A judge who had been the District Attorney should not pr

03-88_.htm

Mon, 07 Mar 2005 15:06:13 EST

Opinion 03-88. May 7, 2004. Digest. 1) Under the circumstances presented, whether an attorney has violated the Code of Professional Responsibility, and whether the violations are so serious and substantial to require reporting them to the Attorneys’ Grievance Committee is a determination to be made by the judg

03-89_.htm

Thu, 17 Mar 2005 19:02:02 EST

Joint Opinion. 03-84. and 03-89. September 4, 2003. Digest. Judges may participate in legal educational programs sponsored by advocacy organizations provided that the judges do not seek to instruct on questions of strategy or tactics in support of the litigation engaged in by members of such groups, and do no

03-90_.htm

Mon, 07 Mar 2005 15:06:13 EST

Opinion 03-90. September 4, 2003. Digest. A Housing Court judge, who is seeking election to the Civil Court of New York City, may circulate campaign literature which displays a photograph of himself or herself in judicial robes and which refers to the candidate as “judge.Rule.

03-92_.htm

Mon, 07 Mar 2005 15:06:13 EST

Opinion 03-92. October 23, 2003. Digest. A judge whose photograph appeared in a charity’s fund raising brochure without authorization should register his/her objection in writing to the charity.Rule. 22 NYCRR 100.4(C)3)iv) Opinion 96-21 (Vol. XV). This inquiry seeks the Committee’s opinion on the

03-93_.htm

Thu, 17 Mar 2005 19:02:02 EST

THIS OPINION WAS RECONSIDERED BY THE COMMITTEE WHICH ISSUED NEW JOINT OPINION. 03-93/. 04-32. PLEASE REFER TO THE NEW OPINION BEFORE RELYING ON THE CONTENTS OF THIS PRIOR RESPONSE.. Opinion 03-93. January 29, 2004. Digest. A New York City Housing Court judge whose term expires in less than one yea

03-95_.htm

Mon, 07 Mar 2005 15:06:14 EST

Opinion 03-95. October 23, 2003. Digest:. A town justice should not serve as a private consultant to the New York State Police reviewing open cases and advising on the use of new forensic technologies to help solve such cases.22 NYCRR 100.2; 100.4(A(1) 100.4(A)3) 100.6(B)4) Opinions 95-68 (Vol. XIII) 90-188 (Vol. VI).

03-96_.htm

Mon, 07 Mar 2005 15:06:14 EST

Opinion 03-96. October 23, 2003. Digest. Under the circumstances presented, a part-time city court judge may (1) serve on the board of a facility that houses young men convicted of felonies; (2) consult with county officials concerning a parole re-entry program under consideration; and (3) serve as an administrativ

03-97_.htm

Mon, 07 Mar 2005 15:06:14 EST

Opinion 03-97. October 23, 2003. Digest. A town justice may not accept employment as the town code enforcement officer.. Rules. CPL 2.15; Town Law 31(5) UJCA 105(C) 22 NYCRR 100.1; 100.2; 100.6(B)4) Opinion 96-39 (Vol. XIV). A town justice has been offered the opportunity to interview for the positi

03-98_.htm

Mon, 07 Mar 2005 15:06:15 EST

Opinion 03-98. December 11, 2003. Digest. A judge should not act as honorary chairperson of a special event sponsored by a local substance abuse agency that treats approximately half the litigants who appear in the judge’s court and who need treatment for substance abuse.Rules.

03-99_.htm

Mon, 07 Mar 2005 15:06:15 EST

Opinion: 03-99. October 23, 2003. Digest. A chief clerk of a city court may seek the position of town justice of a town court in another county, provided that approval to hold such dual employment is obtained.Rule. 22 NYCRR 50.3(a). The inquirer is a Chief Clerk of a city court and asks whether he or she is

04-01_.htm

Mon, 07 Mar 2005 15:06:15 EST

Opinion 04-01. January 29, 2004. Digest:. A judge should not allow an attorney on his or her staff to appear as a periodic guest commentator for a television station in conjunction with the coverage of live trials or of video-tapes of completed trials where the matter may still be pending.Rule:.

04-02_.htm

Mon, 07 Mar 2005 15:06:15 EST

Opinion 04-02. January 29, 2004. Digest:. A newly-elected full-time judge(1) may continue to hold stock in a closely held corporation, but may not remain as an officer, or be a director, manager, general partner, advisor, or employee of the business; nor may the judge participate in any active management or operatio

04-03_.htm

Mon, 07 Mar 2005 15:06:15 EST

Opinion 04-03. January 29,2004. Digest:. A recently elected full-time county court judge may not continue to serve as a member of the board of directors of the local humane society.Rule:. 22 NYCRR 100.4(C)3)a)i) (ii) Opinions 94-06, (Vol. XII) 00-59 (Vol. XIX). Opinion:. A recently elected full-t

04-06_.htm

Fri, 11 Mar 2005 16:56:13 EST

Opinion 04-06. January 29, 2004. Digest. A just must return unexpended campaign funds to contributors on a pro-rata basis, or, under the circumstances, may expend the funds to purchase furniture to improve the comfort of jury rooms used by jurors in the judge’s cases.Rules. Election Law section 14-1

04-09_.htm

Mon, 07 Mar 2005 15:06:16 EST

Opinion 04-09. April 22, 2004. Digest. Under the circumstances, the judge may serve as co-chair of a Community Advisory Council of a medical college provided that (1) the judge does not personally participate in the solicitation of funds or other fund-raising activities; (2) the judge’s responsibilities as a co-c

04-10.htm

Wed, 01 Jun 2005 19:27:01 EST

Opinion 04-10. March 11, 2004. Digest. A trial judge may allow a typist who is employed in an appellate court, to serve as treasurer of the judge’s campaign committee.Rules. 22 NYCRR 50.5; 100.5(A)4) 100.5(A)4)b) 100.5(C) 100.6; Opinion 00-05 (Vol. XVIII). A full-time trial judge who is a candidate for a h

04-100.htm

Fri, 18 Nov 2005 21:07:53 EST

Opinion 04-100. October 28, 2004. Digest. A judge of the drug court may not preside over a defendant’s participation in the drug treatment court program, where the judge’s son represented defendant in the underlying criminal case, even if the son’s involvement ended at the plea and sentencing stage.Rule.

04-101_.htm

Mon, 07 Mar 2005 15:06:16 EST

Opinion 04-101. September 14, 2004. Digest:. Under the circumstances presented herein, an appearance of impropriety exists where the presiding judge of a Drug Treatment Court sentences Drug Court participants to a Department of Probation day reporting program as a sanction for violating Drug Court rules or sentences a

04-105_.htm

Mon, 07 Mar 2005 15:06:16 EST

Opinion 04-105. September 14, 2004. Digest. A part-time town justice may serve as the president of a local of a national labor union and on its civil rights committee, subject to certain limitations.Rules. 22 NYCRR 100.4(A)1) 100.5(A)1)c) 100.6(B)4) Opinions 98-32; 97-33; 96-10; 90-126.. A part-time justice inqui

04-106_.htm

Mon, 07 Mar 2005 15:06:16 EST

Opinion 04-106. October 28, 2004. Digest. 1) A judge running for re-election is not disqualified solely because a party or attorney was present at a fund-raiser on the judge’s behalf and is now appearing before the judge. (2) Knowledge that an attorney contributed to the judge’s campaign does not, itself, disqualify

04-107_.htm

Mon, 07 Mar 2005 15:06:17 EST

Opinion 04-107. October 28, 2004. Digest. An administrative judge of a judicial district may not appoint his/her child, who is a town judge, to the position of acting city court judge in the judicial district.Rules. 22 NYCRR 100.2; 100.2(B) 100.3(C)3) Opinion 03-136.. The inquiring judge is a judicial district adminis

04-110_.htm

Mon, 07 Mar 2005 15:06:17 EST

Opinion 04-110. October 28, 2004. Digest. It is permissible for a judge to discuss a case which the judge had tried as a prosecutor, with an author, where the appellate process and post-conviction challenges to the conviction have been exhausted, and there has been no litigation involving the matter for five years.

04-111_.htm

Mon, 07 Mar 2005 15:06:17 EST

Opinion 04-111. September 14, 2004. Digest. A full-time judge may not teach at a Continuing Legal Education(CLE) program sponsored by a commercial business entity.Rules. 22 NYCRR 100.4(B) 100.4(D)3) Oinions 98-121 (Vol. XVII) 99-151 (Vol. XVIII) 01-58; 01-86.. A full-time judge has been invited to serve as a f

04-112.htm

Tue, 07 Feb 2006 18:50:51 EST

Opinion 04-112. Digest. It is not ethically improper for a Family Court judge to permit his/her court attorney to accept an award from a women’s justice center affiliated with a law school of which the court attorney is a graduate, even though the attorneys and law students from the center appear i

04-115_.htm

Mon, 07 Mar 2005 15:06:17 EST

Opinion 04-115. October 28, 2004. Digest. A judge may co-author an article with a practicing attorney who also is the judge’s spouse, but should limit the content of the article to a review of applicable statutes and cases as opposed to litigation strategies, to avoid any appearance of partiality.Rules.

04-116_.htm

Mon, 07 Mar 2005 15:06:18 EST

Opinion 04-116. October 28, 2004. Digest. Where a judge receives a letter containing detailed allegations of misconduct by an attorney, from the attorney’s former matrimonial client, claiming that harassing telephone calls and mail were received and that there was sexual activity between the attorney and the client,

04-117_.htm

Mon, 07 Mar 2005 15:06:18 EST

Opinion 04-117. October 28, 2004. Digest. Under the circumstances presented and subject to certain limitations, a judge may be interviewed by a friend who wishes to write an article about the judge for submission to a commercial magazine for publication in which the article will primarily focus on the judge’s family

04-118_.htm

Mon, 07 Mar 2005 15:06:18 EST

Opinion 04-118. October 28, 2004. Digest. The position of court clerk should not be filled by someone who is engaged in activities involving the training of police officers who will be appearing as witnesses in that court.Rule. 22 NYCRR 100.2(C) 97-107 (Vol. XVI) 96-64 (Vol. XIV). A village justice wishes

04-119_.htm

Mon, 07 Mar 2005 15:06:18 EST

Opinion 04-119. October 28, 2004. Digest. 1) An Advisory Committee to a local court’s Children’s Center may not sponsor a walkathon for court employees on courthouse grounds, or a bake sale conducted exclusively by and for court employees, to raise money for the Children’s Center. (2) Court employees may participate

04-121_.htm

Mon, 07 Mar 2005 15:06:19 EST

Opinion: 04-121. October 28, 2004. Digest. Judges may preside over cases where an attorney who recently resigned from the same court appears as counsel and when other former judges and current part-time judges appear.Rule. 22 NYCRR 100.2(B) 100.3(E)1) Opinions 91-57, Vol. VII; 94-14, Vol. XII..

04-123_.htm

Mon, 07 Mar 2005 15:06:19 EST

Opinion 04-123. December 2, 2004. Digest. A judge should not write a letter to a public official of the county that states the judge’s position on a legal question growing out of the judge’s former role as a county legislator when the proposed letter, which is likely to become public, relates to a substantial politi

04-124_.htm

Mon, 07 Mar 2005 15:06:19 EST

Opinion 04-124. October 28, 2004. Digest. A part-time judge who is empowered to refer defendants to a defensive driving program should not hold a financial interest in a commercial entity certified to administer and c22 NYCRR 100.2(B) 100.6(B)4) Opinions 96-37 (Vol. XIV) 97-47(Vol. XV) 00-06 (Vol. XVIII).

04-126_.htm

Mon, 07 Mar 2005 15:06:19 EST

Opinion 04-126. October 28, 2004. Digest. A judge, as an ordinary, lay spectator, may observe his/her child arguing an appeal before a multi-judge court.Rules. 22 NYCRR 100.2(C) Opinion 90-26 (Vol. V). The inquiring judge is the parent of an attorney who is an assistant district attorney assigned to t

04-127.htm

Wed, 02 Nov 2005 13:37:55 EST

Opinion 04-127. December 2, 2004. Digest. A judge may continue the judge’s investment in a 401K Profit Sharing Plan that was offered by the judge’s prior law firm and that is now managed by a successor law firm where the judge will not make additional contributions to the Plan; will have no involvement in managing t

04-129_.htm

Thu, 31 Mar 2005 20:17:32 EST

Opinion 04-129. December 2, 2004. Digest. A part-time lawyer-judge may participate as co-chairman of a county bar association’s Legal Referral Service Committee.Rules. 22 NYCRR 100.4(A) 100.4(B)100.4( C)3) Opinion 02-72.. A part-time lawyer-judge inquires if it is permissible for the judge to acc

04-13_.htm

Thu, 31 Mar 2005 20:17:32 EST

Opinion 04-13. January 29, 2004. Digest. Under the circumstances described, a judge may lecture on recent Court of Appeals criminal law decisions at a Continuing Legal Education program sponsored jointly by the local Criminal Bar Association and Legal Aid Society.Rules.

04-130.htm

Wed, 01 Jun 2005 19:27:05 EST

Opinion 04-130. December 2, 2004. Digest. 1) A court attorney in Family Court, may become a candidate for and serve on a town council, provided such service does not adversely affect the court attorney’s official duties or the judge’s judicial position, and the court attorney obtains permission for such dual employm

04-131_.htm

Thu, 31 Mar 2005 20:17:32 EST

Opinion: 04-131. December 2, 2004. Digest. A judge may participate as a member of a panel to select an administrator of a “conflict defender’s office”Rules. 22 NYCRR 100.4( C)3)Opinion 98-162 (Vol XVII). A Family Court judge has been asked by a county bar association to be part of a selection panel whic

04-133_.htm

Mon, 07 Mar 2005 15:06:20 EST

Opinion 04-133. December 2, 2004. Digest. A judge who participated in a charity’s educational video without knowing that it was also to be used for fund-raising should register his/her objection to such use of the video to the charity, in writing, but is not obligated to take any further action.Rules.

04-135.htm

Wed, 02 Nov 2005 14:30:03 EST

Opinion 04-135. December 2, 2004. Digest. Under the circumstances presented a town justice may permit the court clerk who also is a customer service representative for the bank in which the town justice maintains the court’s bank account, to process and deposit all fees and fine monies collected by the court. (2) Th

04-136_.htm

Mon, 07 Mar 2005 15:06:20 EST

Opinion 04-136. December 2, 2004. Digest:. 1) A judge should inform his or her law clerk of the obligation to seek approval under section 50.3(a) of the Rules of the Chief Judge in order to accept outside employment on behalf of a government agency or entity in each instance that such employment is offered (2) The qu

04-137.htm

Wed, 02 Nov 2005 13:37:57 EST

Opinion 04-137. December 2, 2004. Digest. 1) Prior to assuming office, a newly-elected judge must forward any money held in escrow on behalf of clients to the new attorneys who will represent those clients. (2) A judge may continue to process settlement checks from cases settled prior to the beginning of the judge’s

04-138.htm

Mon, 09 May 2005 15:32:13 EST

Opinion 04-138. January 27, 2005. Digest. Pursuant to Part 36 of the Rules of the Chief Judge, a part-time judge is not eligible for the judicial appointments set forth in section 36.1 of the Rules, unless such appointment falls into an exception provided for in section 36.1(b) which exceptions include uncompensated

04-139.htm

Wed, 01 Jun 2005 19:27:07 EST

Opinion 04-139. January 27, 2005. Digest. A judge should not sign a letter of a domestic violence organization that urges the judges in the county not to refer parties involved in domestic violence cases to counseling or anger management programs, nor should a judge be a member of the organization when the organizat

04-14_.htm

Mon, 07 Mar 2005 15:06:20 EST

Opinion 04-14. April 22, 2004. Digest. It is not unethical for a judge to permit the display in the public areas of the courthouse of brochures promoting the services of a not-for-profit mediation corporation.Rule. 22 NYCRR 100.2(C)1) 100.4(C)3) (b) Opinions 03-107; 95-21 (Vol. XIII) 95-14 (Vol. XIII) 90-40 (Vol. V)

04-140.htm

Mon, 09 May 2005 15:32:15 EST

Opinion 04-140. January 27, 2005. Digest. On the facts presented, a judge may make a monetary contribution to a non-profit legal services organization that regularly appears in court as counsel or may itself appear as a party; and such contribution need not be disclosed nor must the judge recuse himself/herself prov

04-141.htm

Mon, 09 May 2005 15:32:16 EST

Opinion 04-141. January 27, 2005. Digest. A judge may introduce and present an award to an honoree at a not-for-profit organization’s fund-raising dinner, provided that the judge’s presence and role as the presenter of the award are unadvertised.Rules.

04-142.htm

Mon, 09 May 2005 15:32:18 EST

Opinion 04-142. May 4, 2005. This is in response to your inquiry (04-142) in which you ask whether it is permissible for your principal law clerk “to run for, or be appointed a [political party] district leader” in a county other than the one where you preside.Section 100.5(C)1) of the Rules Governing Judicial

04-143.htm

Wed, 01 Jun 2005 19:27:09 EST

Joint Opinion 04-143 and 05-05. January 27, 2005. Digest. Judges seeking nomination for re-election may meet with the party leaders and the party’s executive officer to discuss such nomination, regardless of whether either or both individuals are under criminal investigation or have been indicted.Rule.

04-144.htm

Wed, 11 May 2005 17:00:08 EST

Opinion 04-144. January 27, 2005. Digest. A judge may serve as the Grand Marshal of a St. Patrick’s Day Parade, and attend the annual fund-raising dinner held in conjunction with the parade, provided the judge’s name is not used in connection with any fund-raising activities or materials.Opinion 98-49 (Vol. XVI).

04-15_.htm

Mon, 07 Mar 2005 15:06:20 EST

Opinion 04-15. March 11, 2004. Digest:. A full-time judge may participate as a speaker or panelist in legal education programs co-sponsored by bar associations, not-for-profit corporations, law firms, or for-profit corporations, where the judge is not being compensated, subject to certain 22 NYCRR 100.2(C)100.3(B)

04-16_.htm

Mon, 07 Mar 2005 15:06:20 EST

Opinion 04-16. March 11, 2004. Digest. A candidate for Supreme Court, who formerly held the position of Village Justice, may use the phrase “Former Village Justice” and may appear wearing judicial robes in photographs for the use with that designation in campaign literature.Rule:.

04-17_.htm

Mon, 07 Mar 2005 15:06:21 EST

Opinion 04-17. March 11, 2004. Digest:. A judge is not required to disqualify him/herself under 22 NYCRR 100.3(E)1)c) from presiding over a case when a party is either a wholly or partially owned subsidiary of a corporation in which the judge or the judge’s spouse owns stock, or when a party is a parent or an affi

04-18_.htm

Fri, 11 Mar 2005 16:56:14 EST

Opinion 04-18. March 11, 2004. Digest. A town justice should recuse in a matter in which one of the litigants is a potential competing business owner, where the justice had previously offered to recuse in matters involving this party.Rule. 22 NYCRR 100.2(A) 100.3(E)1). A town justice has been asked by counsel for the d

04-21_.htm

Mon, 07 Mar 2005 15:06:21 EST

Opinion 04-21. March 11, 2004. Digest. Under the circumstances described, the inquiring full-time judge should not continue to serve on the bar association attorney grievance committee on which he/she was serving prior to becoming a judge.Rules. 22 NYCRR 100.4(A)3) 100.4(F) 691.4. Opinions 92-12

04-24_.htm

Mon, 07 Mar 2005 15:06:21 EST

Opinion 04-24. March 11, 2004. Digest:. A judge may express his or her opinion regarding matters affecting the judge’s personal interests, provided that official stationary is not used and the judge does not refer to his/her judicial office.Rules:. 22 NYCRR 100.2(C) Opinion 97-36 (Vol. XV). A judge inquires whether

04-26_.htm

Mon, 07 Mar 2005 15:06:21 EST

Opinion 04-26. March 11,2004. Digest:. A judge may accept reimbursement of reasonable and necessary travel and lodging expenses incurred in connection with performing an out-of-town wedding.Rules:. 22 NYCRR 100.2, 100.4(H)1)b) Gen. Mun. Law § 805-b. Opinions 88-168 (Vol. III) 89-25 (Vol. III) 93-9

04-27_.htm

Fri, 11 Mar 2005 16:56:14 EST

Opinion: 04-27. March 11, 2004. Digest. A judge may not attend a “Task Force Conference” organized by a caucus of state legislators, because the programs are of a legislative and political nature.Rules. 22 NYCRR 100.5(A)1)c) (g) Opinion 97-152 (Vol. XVI) Joint Opinion 96-73/96-80 (Vol. XIV). A judge asks whether it w

04-30_.htm

Mon, 07 Mar 2005 15:06:21 EST

Opinion 04-30. March 11,2004. Digest:. A judge may not give permission to a local law firm to issue a press release regarding a judge’s participation in a panel discussion on careers in the law which was co-sponsored by the law firm and a local youth organization; nor may the judge allow the law firm to feature t

04-31.htm

Tue, 05 Apr 2005 19:10:30 EST

Opinion 04-31. March 11, 2004. Digest. A judge may write a letter of reference on behalf of an attorney seeking admission to the bar of another state on motion, which state requires such a letter from a judge.Rule. 22 NYCRR 100.2(C) Opinions 88-166 (Vol. III) 91-14 (Vol. VII). The inquiring town judge

04-32_.htm

Thu, 17 Mar 2005 19:02:01 EST

Joint Opinion. 03-93. 04-32. June 28, 2004. Digest. A Housing Court judge is not required to recuse or offer to and recuse, solely because an attorney appearing before the judge is also a member of the Advisory Council of the Housing Part of the Civil Court of the City of New York.Rules. In Opinion 03-93, the Com

04-34_.htm

Mon, 07 Mar 2005 15:06:22 EST

Opinion 04-34. April 22, 2004. Digest. A judge may attend and participate in a New York State Summit on Elder Abuse provided the judge does not comment on any matter pending or impending in any court; does not participate in law enforcement or prosecution oriented presentations; and does not express views which m

04-35_.htm

Mon, 07 Mar 2005 15:06:22 EST

Opinion 04-35. April 22, 2004. Digest. 1) A county court judge should recuse in Public Defender casesthat were pending before the judge at the time the judge’s court attorney resigned to take a position with the office of the Public Defender. (2) For a period of one year the judge should disclose the prior relati

04-36_.htm

Fri, 11 Mar 2005 16:56:15 EST

Opinion: 04-36. March 11, 2004. Digest. A full-time city court judge must disqualify him/herself in any proceedings involving the newly appointed city attorney for a period of two years after the sale of the judge’s law practice to that attorney was fully completed, but such disqualification is subject to remittal

04-37_.htm

Mon, 07 Mar 2005 15:06:22 EST

Opinion 04-37. March 11, 2004. Digest. Under the circumstances, it is not improper for a judge to be included in a family photograph being published in an informational brochure by the parochial school whose director is the judge’s spouse.Rules:. 22 NYCRR 100.2(C) Opinion 96-07 (Vol. XIV). A judge’s spouse serves a

04-38_.htm

Thu, 17 Mar 2005 19:02:01 EST

Joint Opinion 04-38. and. 04-39. March 11, 2004. Digest. 1) Whether a judge may ethically perform a same sex wedding ceremony in Massachusetts depends upon the law of the State of Massachusetts. (2) Whether a judge must accept a marriage license issued to a same sex couple depends on whether the law of the

04-39_.htm

Thu, 31 Mar 2005 20:17:45 EST

Joint Opinion. 04-38. and. 04-39. March 11, 2004. Digest. 1) Whether a judge may ethically perform a same sex wedding ceremony in Massachusetts depends upon the law of the State of Massachusetts. (2) Whether a judge must accept a marriage license issued to a same sex couple depends on whether the law of the

04-40.htm

Tue, 25 Jul 2006 14:42:09 EST

Opinion 04-40. March 11,2004. Digest:. A part-time City Court judge who is a lawyer may appear as assigned counsel for indigent defendants in criminal proceedings, pursuant to an appointment under Article 18-B of the County Law in another City Court in the same county in which his or her court is located, in ligh

04-41_.htm

Mon, 07 Mar 2005 15:06:23 EST

Opinion 04-41. March 11,2004. Digest:. 1) A judge may appear with his or her spouse in a family photograph to be used in the spouse’s campaign for elective public office provided no reference is made to the judge’s judicial title or position. (2) A judge whose spouse is a candidate for elective public office, may

04-42.htm

Thu, 15 Sep 2005 17:47:30 EST

Opinion 04-42. March 11, 2004. Digest. A judge who is receiving a pension from his or her former law firm should disqualify him/herself (subject to remittal) in all cases in which the law firm appears, for as long as he or she is receiving the pension.Rule. Corradino. v..

04-43_.htm

Mon, 07 Mar 2005 15:06:24 EST

Opinion 04-43. April 22, 2004. Digest. A part-time judge who practices law should not allow his/her judicial. salary to be designated and shared as “legal fees” of the law firm in which he/she is a partner, but such salary could be taken into account by agreement among the partners in determining the judge’s

04-46_.htm

Fri, 11 Mar 2005 19:23:34 EST

Opinion 04-46. April 22, 2004. Digest. A judge, sitting in the matrimonial part of a court, whose sister-in-law is a real estate agent who had sent a letter to the other matrimonial judges promoting her business in connection with divorce cases, is not required to write to the judges disavowing any connection wit

04-47.htm

Tue, 05 Apr 2005 19:10:31 EST

Opinion 04-47. April 22, 2004. Digest. A judge who has knowledge that a disbarred attorney has acted as an unlicensed real estate salesman should report the matter to the attorneys grievance committee so that such information is s available in the event application is made for reinstatement to the bar.Rule.

04-50_.htm

Mon, 07 Mar 2005 15:06:24 EST

Opinion 04-50. April 22, 2004. Digest. A judge who has a mortgage loan on his or her personal residence,. and an automobile loan, both of which are held by banks, and credit cards issued by financial institutions, need not disqualify him/herself or disclose in proceedings where those banks or financial in

04-51_.htm

Mon, 07 Mar 2005 15:06:24 EST

Opinion 04-51. April 22, 2004. Digest. A newly-elected full-time judge (1) should recuse in matters where attorneys who appear before the judge are also the attorneys in pending contingency fee cases which had been referred by the judge to them when the judge was practicing law; (2) should disclose and offer to r

04-52_.htm

Mon, 07 Mar 2005 15:06:24 EST

Opinion 04-52. April 22, 2004. Digest. The fact that the judge had granted an uncontested divorce to a party from whom the judge purchased real property more than a year after granting the divorce does not preclude the judge from bringing an action against the party alleging defects in thThe inquiring judge seeks

04-57_.htm

Mon, 07 Mar 2005 15:06:24 EST

Opinion 04-57. April 22, 2004. Digest. Under the circumstances, a judge who is the recipient of an unadvertised award at a church’s anniversary celebration, which is a fund-raising event: (1) may have his/her biography included in a pamphlet that includes the biographies of the honorees and is distributed at the

04-58_.htm

Mon, 07 Mar 2005 15:06:25 EST

Opinion: 04-58. June 3, 2004. Digest. A judge is not required to recuse in violation of probation re-sentencing cases, merely because the judge has been made aware of local budgetary factors concerning incarceration in a local facility as opposed to a state facility, even if the judge regards such information as

04-59_.htm

Mon, 07 Mar 2005 15:06:25 EST

Opinion 04-59. June 3, 2004. Digest. A judge should not attend and participate in monthly meetings of a judges’ working group for a lawyers’ committee against domestic violence.Rules. 22 NYCRR 100.2(A) 100.4(A)1) 100.4(C)3) Opinions 95-34, (Vol. XIII) 99-46 (Vol. XVII) 99-61 (Vol. XVIII) 00-54/56 (Vol. XIX)

04-62_.htm

Mon, 07 Mar 2005 15:06:25 EST

Opinion: 04-62. June 3, 2004. Digest. A judge’s mere purchase of a ticket to and attendance at a fund-raising dinner sponsored by the local Legal Aid Society, and a luncheon sponsored by a local District Attorney’s Advisory Council are ethically permissible activities.Rule.

04-66_.htm

Fri, 11 Mar 2005 16:56:16 EST

Opinion 04-66. June 3, 2004. Digest. A judge, who is a plaintiff in a small claims breach of contract pension action against a municipality, should recuse in all matters in which the municipality is a party during the pendency of the judge’s action if such request is made by the municipality’s attorney after di

04-67_.htm

Mon, 07 Mar 2005 15:06:25 EST

Opinion 04-67. June 3, 2004. Digest. Providing an affirmation concerning a durablepower of attorney that had been prepared by a full-time judge while a private attorney before assuming the bench, does not constitute the practice of law.Rule.

04-70.htm

Tue, 07 Feb 2006 19:05:06 EST

Opinion 04-70. September 14, 2004. Digest. Neither a judge nor the judge’s law secretary may accept a scholarship to attend a matrimonial training seminar offered by a private legal training organization that is owned and/or operated by an attorney who practices matrimonial law in the judge’s court, as does the attor

04-71_.htm

Thu, 31 Mar 2005 20:17:32 EST

Opinion: 04-71. June 3, 2004. Digest. A town judge may respond to a newspaper article reporting criticism of the judge by various town officials for the manner in which the judge maintains accounts for fines received by the court, provided that the judge’s response is strictly limited to the facts concerning the

04-74.htm

Tue, 07 Feb 2006 19:05:07 EST

Opinion 04-74. June 3, 2004. Digest. A judge must report an attorney’s alleged misconduct to appropriate disciplinary authorities if the conduct constitutes a substantial violation of Code of Professional Responsibility. If the alleged misconduct is not a substantial violation of the Code, whether to report the

04-78_.htm

Mon, 07 Mar 2005 15:06:26 EST

Opinion 04-78. September 14, 2004. Digest. 1) Where a Family Court judge serves as chairperson of an advisory committee dealing with child protective issues, together with experts in that field, and such experts appear as expert witnesses in such cases, the judge should make disclosure and recuse upon request; (2) wh

04-82.htm

Fri, 18 Nov 2005 21:07:56 EST

Opinion 04-82. September 14, 2004. Digest. A judge should not serve on a local “citizens advisory committee” that will develop a procedure for students to report incidents of sexual, physical, or verbal abuse.Rule. 22 NYCRR 100.1, 100.2(A) 100.4(A)1-3) Opinions 90-25 [Vol. V] 93-102 [Vol. XI] 99-61 [Vol. XVIII] 99

04-84_.htm

Mon, 07 Mar 2005 15:06:26 EST

Opinion 04-84. September 14, 2004. Digest. On the facts stated, a judge need not recuse himself/herself as a result of having previously provided a deposition involving the same party in a wholly unrelated matter, since disposed of.Rules. 22 NYCRR 100.3(E)1)a)e)Opinion 99-78 (Vol. XVIII). A judge is currently pres

04-86_.htm

Mon, 07 Mar 2005 15:06:26 EST

Opinion 04-86. September 14, 2004. Digest. A judge may not be the guest of honor and accept an award from a civic/charitable organization at an advertised cocktail reception where there is fund-raising by way of soliciting donations prior to the event.Rule. 22 NYCRR 100.4(C)3)b) (ii) (iv). A judge inquires if it is

04-87_.htm

Mon, 07 Mar 2005 15:06:26 EST

Opinion 04-87. December 2, 2004. Digest. A newly-elected judge’s intention to use surplus campaign funds to purchase unspecified items for use in the court house at some indeterminate time in the future, is not an adequate basis for keeping the campaign account open beyond the expiration of the Window Period, and,

04-88.htm

Mon, 09 May 2005 17:59:32 EST

Opinion 04-88. March 10, 2005. Digest. A judge presiding over a drug court (1) may engage in ex parte communications with court personnel pursuant to 22 NYCRR 100.3(B)6)c) concerning information obtained by such personnel, whether outside of or at drug court staffings or court appearances, but should give notice

04-91_.htm

Mon, 07 Mar 2005 15:06:27 EST

Opinion 04-91. September 14, 2004. Digest. Under the special circumstances presented, a Family Court Judge should not attend a tree planting and candlelight vigil on behalf of victims of crime in the judge’s county.Rule. 22 NYCRR 100.2, 100.2(A) 100.4(A)1) Opinions 91-132 (Vol. VIII) 95-34 (Vol.

04-92_.htm

Mon, 07 Mar 2005 15:06:27 EST

Opinion 04-92. November 3, 2004. This is in response to your inquiry (04-92) in which you raise the question of whether your law firm may sue on behalf of a police officer injured in a high speed chase by a driver who, as a result of the incident was arrested on felony charges and was arraigned before you.

04-94_.htm

Mon, 07 Mar 2005 15:06:27 EST

Opinion 04-94. September 14, 2004. Digest. A judge, running for re-election, may accept an offer of support for his/her candidacy from an elected official who recently appeared before the judge in a Family Court matter the parties resolved by stipulation, without any participation by the judge.Rules.

04-95_.htm

Mon, 07 Mar 2005 15:06:27 EST

Opinion 04-95. September 14, 2004. Digest. A judge may not use a statement in his/her campaign literature which indicates a predisposition to decide legal matters in a certain way.Rule. Matter of Watson. 100 N.Y.2d 290, 763 N.Y.S.2d 219 (2003) 22 NYCRR 100.2(A) 100.5(A) (4)d)i) Opinions 96-44 (Vol. XIV)

04-96_.htm

Mon, 07 Mar 2005 15:06:27 EST

Opinion 04-96. November 1, 2004. This is in response to your inquiry (04-96) in which you ask whether it is permissible to participate in a mock “lockup” sponsored by the Muscular Dystrophy Association, for the purpose of raising funds in support of a charitable endeavor. It is anticipated that each partici

04-97_.htm

Mon, 07 Mar 2005 15:06:28 EST

Opinion 04-97. September 14, 2004. Digest. A full-time judge should not attend business meetings of a company in which the judge had served as vice-president and general counsel prior to becoming a judge, but may have dinner with former business associates.Rules. 22 NYCRR 100.4(D)3). A full-time judge inquire

04-99_.htm

Mon, 07 Mar 2005 15:06:28 EST

Opinion 04-99. September 14, 2004. Digest. A judge is not obligated to disclose the relationship or disqualify him/herself solely because the judge’s spouse and the County Attorney share a mutual ownership interest in rental real property and an assistant county attorney appears before the judge.Rules.

05-03.htm

Tue, 19 Jul 2005 18:21:39 EST

Opinion 05-03. January 27, 2005. Digest. A part-time judge may serve on a loan committee for a local economic development agency.. Rules. 22 NYCRR 100.6(B)4) Opinion 95-50 (Vol. XIII). A part-time town justice asks whether it is ethically permissible to serve on a loan committee for a local economic developme

05-04.htm

Wed, 01 Jun 2005 19:27:32 EST

Opinion 05-04. March 10, 2005. Digest:. On the facts presented, there is no ethical prohibition preventing a village justice from being employed in an appointive clerical position in the office of the village clerk, subject to certain safeguards.Rule. 22 NYCRR 100.3(E)1) (c)100.6(B)4) Opinion 96-92 (Vol. XIV).

05-05.htm

Wed, 01 Jun 2005 19:27:34 EST

05-06.htm

Wed, 05 Oct 2005 19:12:01 EST

Opinion 05-06. January 27, 2005. Digest. A full-time judge may teach a course at a law school, but whether suchteaching may take place during regularly scheduled court hours, with time expended to be charged to annual leave, are administrative questions to be determined by the appropriate Administrative Judge.Rules.

05-07.htm

Fri, 21 Apr 2006 15:42:19 EST

Opinion 05-07. January 27, 2005. Digest. A newly-elected Family Court Judge who formerly served as president of the county Legal Aid Society is not required to disqualify himself or herself solely because a law guardian appearing before the judge is employed by the same Legal Aid Society.Rules.

05-08.htm

Fri, 23 Dec 2005 20:27:51 EST

Opinion 05-08. January 29, 2005. Digest. A full-time judge may not appear at a Town Board meeting in the judge’s capacity as a board member of a hospital in support of a proposed expansion project of the hospital.Rules. 22 NYCRR 100.4(C)1) Opinion 02-116.. A full-time judge inquires as follows:.

05-101.htm

Wed, 05 Oct 2005 18:48:26 EST

Opinion 05-101. September 8, 2005. Digest. It is not unethical for a judge running for election (1) to be depicted in campaign materials wearing judicial robes; (2) to use photographs of the candidate (a) taken in any public place to which members of the general public have access for the taking of photographs; or (b

05-103.htm

Mon, 12 Dec 2005 19:16:19 EST

Opinion 05-103. October 27, 2005. Digest. An acting village justice who is appointed by the village mayor who also is the justice’s parent, must exercise recusal in any case involving the village government or the justice’s parent as a party. While remittal of disqualification would be available in cases involving t

05-104.htm

Fri, 21 Apr 2006 17:06:39 EST

Opinion 05-104. November 28, 2005. This is in response to your inquiry (05-104) asking whether a judge may be honored at an educational foundation sponsored breakfast where the cost of the ticket is minimal, although there may be some small net sum which may benefit the sponsor.The Committee has previou

05-105.htm

Tue, 13 Dec 2005 20:14:59 EST

Joint Opinion 05-105,05-108, and 05-109. October 27, 2005. Digest. 1) Under the particular circumstances presented, an administrative judge who receives information that a judge pressured lawyers to join the judge’s election committee should report the information to the Commission on Judicial Conduct. (2) In the sa

05-106.htm

Tue, 25 Apr 2006 19:13:59 EST

Opinion 05-106. January 26, 2006. Digest. A judge should not continue to serve on the board of directors of a chamber of commerce that creates a political action committee, the members of which will be appointed by and be members of the chamber’s board of directors.Rules. 22 NYCRR 100.4(A) 100.4(C

05-107.htm

Tue, 29 Nov 2005 19:07:54 EST

Opinion 05-107. October 27, 2005. Digest. A judge should not write a letter of recommendation on behalf of an attorney applying for a life insurance policy.Rule. 22 NYCRR 100.2(C) Opinions 88-10 (Vol. I) 88-166 (Vol. III) 89-73 (Vol. III) 90-46 (Vol. V) 93-26 (Vol. XI) 95-33 (Vol. XIII)A judge inquires whether

05-108.htm

Tue, 13 Dec 2005 20:15:00 EST

Joint Opinion 05-105, 05-108, and 05-109. October 27, 2005. Digest. 1) Under the particular circumstances presented, an administrative judge who receives information that a judge pressured lawyers to join the judge’s election committee should report the information to the Commission on Judicial Conduct. (2) In the sa

05-109.htm

Tue, 13 Dec 2005 20:15:00 EST

Joint Opinion 05-105, 05-108, and 05-109. October 27, 2005. Digest. 1) Under the particular circumstances presented, an administrative judge who receives information that a judge pressured lawyers to join the judge’s election committee should report the information to the Commission on Judicial Conduct. (2) In the sa

05-111.htm

Mon, 12 Dec 2005 19:16:22 EST

Opinion 05-111. October 27, 2005. Digest. A part-time town justice may not share in any fee paid to the justice’s law partner or associate as the result of a fiduciary appointment governed by Part 36 of the rules of the Chief Judge.22 NYCRR Part 36; 36.2(c)1) 100.2; 100.6(B) Opinions 04-138; 03-49; 94-32(Vol. XII).

05-112.htm

Wed, 14 Dec 2005 16:20:05 EST

Opinion 05-112. October 27, 2005. Digest. A judge may attend, and receive an award at, a non-fund raising dinner sponsored by a local service club, and may purchase an ad in the event’s journal.Rules. 22 NYCRR 100.2(A) 100.4(C)3)b)i)ii) Opinions 02-33; 02-78; 92-70 (Vol. IX) 92-84 (Vol. X) 94-25 (Vol. XII)

05-113.htm

Thu, 06 Apr 2006 13:57:54 EST

Opinion 05-113. March 22, 2006. This responds to your inquiry (05-113) asking whether an attorney may rent an office suite from a landlord who is also a non-lawyer judge. Essentially, your inquiry raises the ethics question of whether the attorney may continue to appear before you if he/she is your tenant.

05-114.htm

Fri, 23 Dec 2005 20:27:54 EST

Opinion 05-114. October 27, 2005. Digest. A town judge should not preside over code enforcement proceedings instituted by the judge’s brother-in-law, but such proceedings may be brought and tried before the co-judge of the town court.22 NYCRR 100.3(E)1)d)iv) 100.3(F) Opinions 94-55 (Vol. XIII) 99-170 (Vol. XVIII).

05-115.htm

Mon, 01 May 2006 18:32:22 EST

Opinion 05-115. January 26, 2006. This is in response to your inquiry (05-115) in which you ask whether it is ethically permissible to appoint certain attorneys or members of their law firms as fiduciaries pursuant to Part 36 of the Rules of the Chief Judge. You have explained that when you were last re-elec

05-117.htm

Fri, 16 Dec 2005 21:32:28 EST

Opinion 05-117. December 8, 2005. Digest. A candidate running for a Family Court seat should not indirectly endorse an incumbent judicial candidate by expressing in his/her campaign materials the desirability of having the candidate join the incumbent on the bench.Rule. 22 NYCRR 100.5(A)1)e) and (A)2)ii).

05-119.htm

Fri, 16 Dec 2005 21:32:29 EST

Opinion 05-119. October 27, 2005. Digest. A candidate for judicial office may sign a “Statement of Principles, sent to him/her by the local chapter of the League of Women Voters, pledging that the candidate intends to use fair campaign principles throughout the campaign, but the candidate should inform the organizat

05-12.htm

Thu, 13 Apr 2006 13:38:00 EST

Opinion 05-12. March 10, 2005. Digest. Under the circumstances, a full-time judge may participate as a speaker or panelist in a Continuing Legal Education program open to all members of the bar sponsored by a for-profit corporation, provided: (1) the judge is not compensated; (2) public comment is not made about

05-121.htm

Fri, 21 Apr 2006 15:37:26 EST

Opinion 05-121. December 8, 2005. Digest. Under the particular circumstances shown, an administrative judge responsible for long-range planning for court reform and the oversight and administering of court restructuring projects, should not give permission to his/her personal appointee who is a project manager invol

05-124.htm

Thu, 20 Apr 2006 15:07:22 EST

Opinion 05-124. December 8, 2005. Digest. 1) Judiciary Law §471 prohibits any lawyer “connected in law business with a judge” from acting as an attorney in the judge’s court, which likewise bars a law firm with which another judge of the court has been associated and from which he/she rents space. (2) 22 NYCRR Sec.1

05-125.htm

Thu, 05 Jan 2006 19:26:32 EST

Opinion 05-125. December 8, 2005. Digest. A judge is not required to appoint a law guardian whom the judge deems to be incompetent and deficient in character and diligence, merely because the person has been placed on the official court list.Rules. 22 NYCRR Part 36; 36.0; 100.3(C)3). The inquiring judge asks

05-126.htm

Fri, 23 Dec 2005 20:27:56 EST

Opinion 05-126. December 8, 2005. Digest. A part-time village justice should not provide a letter of reference to a friend, who is also a client, which is intended to be used in the promotion of the friend’s real estate business.Rules. 22 NYCRR 100.2(C)1) Opinions 89-15 (Vol. III) 97-16 (Vol. XV).

05-13.htm

Wed, 05 Oct 2005 18:48:26 EST

Opinion 05-13. March 10, 2005. Digest. A part-time town court judge may participate in various non-profit activities, in accordance with the Rules Governing Judicial Conduct, including a land conservancy corporation, so long as that activity does not involve participation in the acquisition or preservation of lan

05-130(a).htm

Wed, 01 Mar 2006 17:41:51 EST

Opinion 05-130(A). December 8, 2005. Digest. A full-time judge must withdraw from client representation and cease accepting new clients before assuming office January 1 after the judge’s November election. The professional corporation constituting the judge’s solo law practice may remain in existence with the judge as

05-130(b).htm

Wed, 01 Mar 2006 17:41:52 EST

Opinion 05-130(B). December 8, 2005. Digest. A full-time judge may accept rent from the lawyer who assumed the judge’s law practice and office housed in a building owned by the judge. However, the judge must disclose the relationship and exercise recusal (subject to remittal) for two years after receiving the final pay

05-132.htm

Wed, 11 Jan 2006 18:03:13 EST

Opinion 05-132. December 8, 2005. Digest. A recently re-elected judge who presides over a drug treatment court may not use excess campaign funds to purchase congratulatory gifts, such as dinners or theater tickets, for graduates who have successfully completed the drug court treatment program.Election Law §14-130; 22

05-134.htm

Mon, 17 Apr 2006 17:59:50 EST

Opinion 05-134. December 8, 2005. Digest. A judge may preside at and offer a critique of a mock trial to be held during a trial skills training program for attorneys who represent battered women in custody proceedings if (1) the judge determines that equal time will be given to both sides of the issues addressed dur

05-14.htm

Wed, 05 Oct 2005 19:12:01 EST

Opinion 05-14. March 10, 2005. Digest. A judicial hearing officer may not seek election to or serve as a legislator on the County Board, regardless of whether that office is in or outside the county, judicial district, or judicial department where he/she serves as a judicial hearing officer.22 NYCRR 100.5, 100.5(B)

05-140.htm

Thu, 06 Apr 2006 13:58:01 EST

Opinion 05-140. January 26, 2006. Digest. It is not unethical for a judge to serve as a member of a ministry which assists in the transition of formerly incarcerated individuals back into society, provided that certain restrictions and limitations on the extent of the judge’s participation are observed.Rules.

05-142.htm

Thu, 06 Apr 2006 18:17:37 EST

Opinion 05-142. January 26, 2006. Digest. A Judicial Hearing Officer (JHO) who also maintains a law practice and who, on behalf of a client, commences an Article 78 proceeding challenging alleged misconduct of a judge, may, but is not required to take any further action. By commencing the client's lawsuit, the JHO h

05-143.htm

Thu, 06 Apr 2006 13:45:56 EST

Opinion 05-143. January 26, 2006. Digest. Recusal is required where the law firm, representing a party before the judge, was consulted by the judge about a pending investigation of a complaint that the judge believes was filed against him/her with the State Commission on Judicial Conduct.22 NYCRR 100.3(E)1) 100.2

05-144.htm

Thu, 06 Apr 2006 13:45:58 EST

Opinion 05-144. January 26, 2006. Digest. A judge should not join a board created solely for the purpose of establishing and raising funds for a memorial scholarship fund.Rules. 22 NYCRR 100.4(C)3)b(iv) Opinions 89-21 (Vol. III) 89-49 (Vol. III) 96-78 (Vol. XV). The inquiring judge has been invited to join a boa

05-146.htm

Thu, 06 Apr 2006 13:46:00 EST

Opinion 05-146. January 26, 2006. Digest. A judge’s name may be listed on a not-for-profit charitable organization’s regular letterhead as an officer, and such letterhead may be printed in a pamphlet soliciting donations.Rules. 22 NYCRR 100.4(C)3)b)iv) Opinion 96-20 (Vol. XIV). A judge, who is an office

05-147.htm

Mon, 01 May 2006 18:32:23 EST

Opinion 05-147. January 26, 2006. Digest. 1) A Surrogate Court judge must disqualify him/herself, subject to remittal, for two years after leaving a law firm when the firm represents a party in a case before the judge, even if all that remains in the case is to make a final distribution and to file a final accountin

05-149.htm

Wed, 01 Mar 2006 17:41:57 EST

Opinion 05-149. January 26, 2006. Digest. A full-time judge may engage in developing and producing a CD- album(s) of original copyrighted songs written and performed by the judge, but may not be directly involved in its marketing or sales.22 NYCRR 100.4(A) (D)1)a) (D)3) Opinions 95-55 (Vol. XIII) 99-145 (Vol. XVIII).

05-15.htm

Wed, 05 Oct 2005 19:12:02 EST

Opinion 05-15. March 10, 2005. Digest. A judge may attend dinners and meetings of the Center for Security policy, a non-profit organization involved in matters of national public policy, but may not serve the organization as an officer, director, or in any other capacity.Rule.

05-150.htm

Thu, 06 Apr 2006 13:46:01 EST

Opinion 05-150. January 26, 2006. Digest. Under the circumstances, a part-time judge of a local court with criminal jurisdiction may serve on a County Traffic Safety Board that is advisory in nature, but must consider recusal in court proceedings involving issues and matters that may have been or are likely to be he

05-151.htm

Tue, 18 Apr 2006 24:47:37 EST

Opinion 05-151. January 26, 2006. Digest. Where a judge has hired as the judge’s personal secretary the spouse of an attorney who practices in the judge’s court: (1) the judge should disclose the relationship and offer to recuse, subject to remittal should the attorney appear before the judge, (2) the judge should n

05-152.htm

Tue, 18 Apr 2006 24:47:39 EST

Opinion 05-152. January 26, 2006. Digest. 1) A Family Court judge should disclose his/her spouse’s employment by a local service provider for the court and (a) recuse upon request, if the spouse was involved in a matter assigned to the judge; (b) if a litigant is pro se the judge should recuse even if there is no re

05-153.htm

Thu, 06 Apr 2006 13:46:03 EST

Opinion 05-153. January 26, 2006. Digest. A judge may attend a union sponsored dinner and place an ad in the dinner journal.. Rule. 22 NYCRR 100.4(A) Opinions 92-70 (Vol. IX) 94-25 (Vol. XII). A judge asks whether it is proper to attend a dinner sponsored by a union local and to place an ad in the dinner’s “souvenir

05-154.htm

Wed, 12 Apr 2006 13:33:44 EST

Opinion 05-154. January 26, 2006. Digest. A judge may not, in public, wrap holiday gift purchases for a charitable cause, where the charge for the service rendered by the judge is intended to result in a profit for the charity.Rules. 22 NYCRR 100.4(C)3) Opinions 89-18 (Vol III) 90-28 (Vol V). A judge inquires whether

05-155.htm

Wed, 12 Apr 2006 13:33:47 EST

Opinion 05-155. January 26, 2006. Digest. A full-time judge may serve in an uncompensated advisory position as regional coordinator of the National Association of Drug Court Professionals.Rules. 22 NYCRR 100.4(B) 100.4 (C)3) Opinions 90-25 [Vol. V] 93-102 [Vol. XI]. A full-time judge inquires whether it is permissib

05-157.htm

Wed, 01 Mar 2006 17:41:58 EST

Opinion 05-157. January 26, 2006. Digest. Under the circumstances presented, a judge who, together with his/her spouse, has authored a book on the pictorial history of county courthouses and who is not being compensated, may permit the publisher to seek sponsorship of its publication from corporations, law firms and

05-158.htm

Wed, 12 Apr 2006 13:33:49 EST

Opinion 05-158. March 21, 2006. This is in response to your inquiry (05-158) in which you ask “whether there is any ethical prohibition against a judge authoring an article expressing a view critical of the court’s limited authority in review of administrative agency determinations, and recommending a modi

05-17.htm

Wed, 05 Oct 2005 19:12:02 EST

Opinion 05-17. March 10, 2005. Digest. A judge may serve as trustee of a church, provided that the judge does not act as a legal advisor and does not engage in direct fund-raising activities.Rules. 100.4(C)3) 100.4(C)3)b)iv) 100.4(G). A full-time judge inquiries if he/she may serve as one of three trustees of

05-18.htm

Wed, 05 Oct 2005 19:12:02 EST

Opinion 05-18. March 10, 2005. Digest. A part-time judge who is permitted to practice law, may not allow the judge’s law firm to include in the attorney profiles section of the law firm’s website, the fact that the attorney is a part-time judge, but that fact may be included in the attorney’s resume, where upon r

05-21.htm

Wed, 12 Oct 2005 13:12:23 EST

Opinion 05-21. March 10, 2005. Digest. A judge who has been cross-endorsed for re-election may, before the election, return to donors a. pro. rata. share of most of the unused campaign funds while retaining a small sum for possible use during the Window Period, at the conclusion of which the balan

05-23.htm

Wed, 12 Oct 2005 13:12:23 EST

Joint Opinion 05-23 and 05-24. March 10, 2005. Digest. A judge can be endorsed for re-election in a radio advertisement by non- judicial officials running for elective office, provided that the radio advertisement does not suggest that the judge is also endorsing their election.22 NYCRR 100.5(A)1)e) Opinion 03-64.

05-24.htm

Wed, 12 Oct 2005 13:12:24 EST

05-28.htm

Mon, 09 May 2005 15:34:52 EST

Opinion 05-28. March 10, 2005. Digest. A judge may write a book review of a work of fiction, but should not permit the author or publisher to use any portion of the review to promote the book’s sale.Rule. 22 NYCRR 100.2(C) 100.4(B) Opinions 87-13 (Vol. I) 93-14 (Vol. X) 97-133 (Vol. XVI ) 99-145 (Vol. XVIII)

05-29.htm

Mon, 12 Sep 2005 17:52:57 EST

Opinion 05-29. April 21, 2005. Digest. 1) A judicial hearing officer is bound by the same standards regarding the writing of letters of reference as are judges. (2) Under the circumstances presented, a judicial hearing officer may: (a) write a reference letter for an attorney seeking admission to a law guardian p

05-30.htm

Fri, 08 Jul 2005 20:28:05 EST

Opinion 05-30. April 21, 2005. Digest. 1) Whether a judge who receives an affidavit from a litigant admitting that she is an alien and is in the U.S. illegally should notify the Immigration and Naturalization Service (INS” is a matter for the judge’s discretion. (2) It is up to the judge to determine whether the

05-32.htm

Wed, 12 Oct 2005 24:35:35 EST

Opinion 05-32. April 21, 2005. Digest. 1) A part-time judge who practices law, and is presiding in a drug treatment court must disclose, on the record, the prior legal representation of a person who appears before the judge as a participant in the drug court and may proceed, provided that the judge has taken into

05-34.htm

Wed, 12 Oct 2005 24:35:38 EST

Opinion 05-34. April 21, 2005. Digest. A judge should not write a letter at the request of a court employee facing disciplinary charges attesting to the employee’s good character, work ethic and job performance.Rule. 22 NYCRR 100.2(C) Opinions 88-63 (Vol. II) 90-156 (Vol. VI) 95-75 (Vol. XIII) 99-101 (Vol. XVIII).

05-35.htm

Tue, 30 Aug 2005 18:14:42 EST

Opinion 05-35. April 21, 2005. Digest. A judge, in preparation for post-retirement employment, may communicate with prospective employers on personal stationery, but must recuse in matters involving such persons or entities either as parties or attorneys.Rules. 22 NYCRR 100.3(E)1) 100.3(F) 100.4(D)1)a) (b) (c).

05-37.htm

Tue, 30 Aug 2005 18:14:42 EST

Opinion 05-37. April 21, 2005. Digest. A judge who believes that an attorney has attempted to unduly influence the judge’s decisions and has acted extremely unprofessionally should report the matter to the appropriate Attorney Grievance Committee and, upon making such report, recuse in all cases in which the atto

05-39.htm

Tue, 29 Nov 2005 19:08:06 EST

Opinion 05-39. October 27, 2005. Digest. A judge whose spouse’s law firm does legal work for a municipality and has a continuing professional relationship with the municipality and its attorney should refrain from appointing the municipality’s attorney as a law guardian in custody matters.The inquiring Supreme Cou

05-41.htm

Tue, 30 Aug 2005 18:14:42 EST

Opinion 05-41. April 21, 2005. Digest. A judge is disqualified from presiding in any proceeding in which the attorney appearing is the son of the judge’s spouse, subject to remittal of disqualificationRule. 22 NYCRR 100.3(E)1)e) 100.3(F). A newly-elected part-time village judge informs the Committee that the judg

05-42.htm

Wed, 11 May 2005 17:03:07 EST

Opinion 05-42. April 29, 2005. This is in response to your inquiry (05-42) in which you seek the advice of the Advisory Committee as to the permissible degree of your participation in an American Red Cross fund-raising event in which "committee members of the [ ] Regional Drug Court Team" are to be honore

05-47.htm

Thu, 31 Aug 2006 15:05:38 EST

Opinion 05-47. April 21, 2005. Digest. Under the circumstances, the judge may accept the waiver of an attorney’s fee for the settlement of a negligence claim on the judge’s behalf.Rule. 22 NYCRR 100.4(D)5)e)h) 100.4(H)2) Opinion 98-17 (Vol. XVI). The inquiring judge asks whether it is permissible

05-50.htm

Fri, 08 Jul 2005 20:28:06 EST

Opinion 05-50. June 9, 2005. Digest. A town justice should not simultaneously serve as Deputy Commissioner of Public Safety for a municipality adjoining the town in which the justice serves, as the duties of that office involve various law enforcement functions.Rules. CPL 2.15; Town Law 31(4) UJCA 105(C) 22 NYCRR 100.

05-51.htm

Tue, 19 Jul 2005 18:22:39 EST

Joint Opinions 05-51 and 05-58. June 9, 2005. Digest. It is not unethical for a part-time justice to be appointed as a law guardian, but such appointments may be barred in the Third Department under section 835.3(c) of the Rules of the Appellate Division, Third Department.Rules. Family Ct. Act §249; Judi

05-52.htm

Wed, 12 Oct 2005 24:35:40 EST

Opinion 05-52. April 21, 2005. Digest. A judge may be a named sponsor of a local civic event which is not a a fund-raiser, but may not allow his/her judicial status to be used in any promotional material.Rules. 22 NYCRR 100.2(C) 100.4(C)3)b)i). A part-time village judge seeks the opinion of the Committee concerning the

05-54.htm

Fri, 08 Jul 2005 20:28:07 EST

Opinion 05-54. June 9, 2005. Digest. Under the circumstances, a judge may participate in a fund-raising event sponsored by a not-for-profit veteran’s organization to the extent of reading aloud the names of fallen service members, provided that the judge’s participation is unadvertised and unannounced prior to

05-56.htm

Fri, 08 Jul 2005 20:28:08 EST

Opinion 05-56. June 9, 2005. Digest. Under the circumstances, a judge should not permit the use of the Judge’s statement praising a not-for-profit organization’s work where the quote is intended to be used in an informational brochure and the judge would be identified as such.22 NYCRR 100.2(C) Opinion 93-74 (Vol. XI).

05-57.htm

Thu, 13 Apr 2006 13:05:07 EST

Opinion 05-57. June 9, 2005. Digest. A town justice who practices law may, under these circumstances, accept a referral of a matter from an attorney who had previously appeared before the judge and was fined in a zoning violation matter.Rule. 22 NYCRR 100.2. A part-time town justice, who is also a practicing

05-58.htm

Tue, 19 Jul 2005 18:22:39 EST

05-60.htm

Wed, 12 Oct 2005 24:35:42 EST

Opinion 05-60. June 9, 2005. Digest. A judge, presiding in the County, Family, and Surrogate Courts should not provide a reference for the foster parent application of a friend since such applications are heard in Family Court.Rule. 22 NYCRR 100.2(C). A judge, presiding in the County, Family and Surro

05-63.htm

Tue, 20 Sep 2005 13:47:32 EST

Opinion 05-63. June 9, 2005. Digest. An Acting City Court Judge who is appointed by the mayor may continue in private practice with another attorney employed as an associate while that attorney seeks the office of mayor, but if that attorney is elected, the judge should no longer continue in law practice with t

05-65.htm

Wed, 02 Nov 2005 13:37:59 EST

Opinion 05-65. June 9, 2005. Digest. 1) A judge sitting in a specialized tax certiorari and condemnation Part may meet with representatives of bar association tax certiorari and condemnation committees and other lawyers who regularly practice in the Part concerning improved operation of the Part and possible am

05-66.htm

Wed, 12 Oct 2005 24:35:44 EST

Opinion 05-66. June 9, 2005. Digest. A judge who is a member of the board of a non-profit cultural organization (1) may not advise the board on legal issues; (2) may give the organization names of potential contributors, but may not permit the use of the judge’s name in a solicitation; (3) may not host a dinner

05-67.htm

Wed, 12 Oct 2005 24:35:51 EST

Opinion 05-67. July 11, 2005. This is in response to your inquiry (05-67) in which you ask whether under Part 36 of the Rules of the Chief Judge you may accept appointments as a court evaluator or a guardian under Article 81 of the Mental Hygiene Law.The limitations on service in various fiduciary ca

05-70.htm

Tue, 19 Jul 2005 18:21:54 EST

Opinion 05-70. June 9, 2005. Digest. On the facts presented, a judge may write a law review article which addresses the powers of the office of Governor of the State of New York.Rules. 22 NYCRR; 100.3(B)8) 100.4(A) Opinions 04-115; 95-145 (Vol. XIII) Joint Opinion 90-123/90-133 (Vol. VI)A judge asks whether it i

05-71.htm

Tue, 20 Sep 2005 13:47:37 EST

Opinion: 05-71. June 9, 2005. Digest. It would be unethical for a judge who was the victim of a crime to contact the judge presiding over the defendant’s case, for the purpose of conveying information concerning other criminal acts allegedly committed by the defendant.Rule.

05-73.htm

Tue, 19 Jul 2005 18:21:55 EST

Opinion 05-73. June 9, 2005. Digest. On the facts presented, a town justice may accept employment as a Security Officer at a community college.Rules. CPL 2.15, Town Law 31(4) UJCA 105(c) 22 NYCRR 100.4(C)2)b) 100.6(B)4) Opinion 96-39 (Vol. XIV). A town justice inquires whether it is permissible

05-76.htm

Wed, 12 Oct 2005 24:35:53 EST

Opinion 05-76. June 9, 2005. Digest. It is not unethical for a part-time justice to be employed as an investigator in the Inspector General’s Office of the Unified Court System, involved in fiduciary appointment matters, but the holding of both positions is subject to the approval of the Chief Administrative JuRules.

05-77.htm

Wed, 12 Oct 2005 24:35:55 EST

Opinion 05-77. July 12, 2005. This is in response to your inquiry (05-77) in which you seek the Committee’s opinion as to whether you shouldsua. sponte. exercise recusal should one of the parties in a matter before you call as an expert witness a particular individual who would testify as to legislativ

05-80.htm

Thu, 13 Apr 2006 13:14:18 EST

Opinion 05-80. June 9, 2005. Digest. A judge may attend a bar-sponsored Continuing Legal Education (CLE” program as a guest of the bar association and may allow his or her law clerk to attend the same program, also as a guest of the bar association.Rules. 22 NYCRR 50.1(I)C) 100.4(C)3)b)ii). A full-time judge who sit

05-81.htm

Wed, 03 May 2006 17:25:52 EST

Opinion 05-81. October 27, 2005. Digest. A judge may not by telephone or otherwise engage in ex parte communications with complainants in domestic violence actions where the defendant is to be initially arraigned and the complainant is not physically present.Rules:. CPL 530.11(2)h) ; 22NYCRR 100.3(B)6).

05-82.htm

Wed, 14 Dec 2005 16:20:06 EST

Opinion 05-82. September 8, 2005. Digest. 1) A judge may appoint the sister-in-law of his/her law clerk as a fiduciary under Part 36 on the Rules of the Chief Judge in proceedings before the judge, provided the judge believes that he or she can be impartial, discloses the relationship to the parties, and insulates t

05-83.htm

Fri, 18 Nov 2005 21:08:12 EST

Opinion 05-83. September 8, 2005. Digest. A judge may not advise an applicant in a structured settlement buyout matter that better terms may be obtained from a specific company, but must determine whether the transfer is in the best interest of the payee and that the payee has been advised by the transferee to seek

05-84.htm

Fri, 23 Dec 2005 20:27:58 EST

Opinion 05-84. September 8, 2005. Digest. Under the circumstances presented, a judge is not ethically required to report an apparent incident of statutory rape that came to the judge’s attention when a 15 year old pregnant female, pursuant to the Domestic Relations Law and with her parents’ consent, filed a petition

05-86.htm

Wed, 14 Dec 2005 16:20:07 EST

Opinion 05-86. September 8, 2005. Digest. 1) A judge whose child serves as an assistant corporation counsel is not required to recuse in a case where the city Police Department is the arresting and/or investigating agency, and the arrest leads to an indictment before the judge, and the charges are prosecuted by the

05-87.htm

Mon, 19 Dec 2005 16:40:07 EST

Opinion 05-87. December 8, 2005. Digest. A judge whose spouse is the attorney-in-charge of the criminal practice of a legal services provider organization should not preside in criminal cases where the defendant is represented by the organization.Rule.

05-88.htm

Thu, 06 Apr 2006 13:58:05 EST

Opinion 05-88. September 8, 2005. Digest. A part-time town justice should not accept assignments to perfect criminal appeals from the county public defender’s office that provides criminal defense services for defendants in the town justice’s court, but may accept such assignments from the county assigned counsel co

05-89.htm

Wed, 02 Nov 2005 14:33:39 EST

Joint Opinion 05-89 and 05-90. September 8, 2005. Digest. A judge who has a close social relationship with an attorney who is appearing before him or her is subject to disqualification, and, therefore, in order to preside the judge must disclose the nature and extent of the relationship to the parties and t

05-90.htm

Wed, 02 Nov 2005 14:33:41 EST

05-91.htm

Tue, 29 Nov 2005 19:08:08 EST

Opinion 05-91. September 8, 2005. Digest. Notwithstanding that the judge has been told that his/her testimony will not be needed in a litigation involving a former client of the judge who is an attorney, the judge should exercise recusal in matters involving the attorney until the litigation is concluded. Thereafter

05-94.htm

Wed, 14 Dec 2005 16:20:08 EST

Opinion 05-94. October 26, 2005. This is in response to your inquiry (05-94) in which you ask whether you may have your name listed as a Dinner Committee member in connection with your law school’s annual Alumni Leadership Awards Dinner. The event is a fund-raiser for the law school, and as noted in the let

05-96.htm

Thu, 06 Apr 2006 13:58:08 EST

Opinion 05-96. October 27, 2005. Digest. A judge may ask relevant questions to determine if a former court attorney’s current role representing clients in the judge’s court creates an appearance of impropriety.Rules. 22 NYCRR 100.2(A) Opinion 91-105 (Vol. VIII). A judge asks several questions concerning the prop

05-97.htm

Wed, 02 Nov 2005 14:33:43 EST

Opinion 05-97. September 8, 2005. Digest. The Window Period may commence either nine months prior to (1) the date of formal nomination by primary, caucus or convention or (2) the date of a party meeting at which a candidate will be endorsed, even if that designation is subject to being contested at a subsequent prim

05-99.htm

Wed, 05 Oct 2005 18:48:26 EST

Opinion 05-99. September 8, 2005. Digest. A candidate for judicial office may advertise with other candidates for elective office, including those running for non-judicial offices, provided that the candidate does not endorse any other candidate and pays no more than his or hershare of the cost of the advertisements..

06-09.htm

Mon, 17 Apr 2006 19:53:31 EST

Opinion 06-09. March 9, 2006. Digest. A Judicial Hearing Officer (JHO) should not serve as a member of a board of ethics of a municipality in the county where the JHO serves, where the board is authorized to conduct investigations and hearings concerning alleged ethics violations by officers and employees of the

06-11.htm

Wed, 01 Mar 2006 17:42:02 EST

Opinion 06-11. February 1, 2006. This is in response to your inquiry (06-11) in which you seek the Advisory Committee’s advice concerning an invitation from the District Attorney of the county where you sit inviting you “and your colleagues in the Criminal Term of the Supreme Court and the Criminal Court, f

06-34.htm

Wed, 12 Apr 2006 13:33:51 EST

Opinion 06-34. March 9, 2006. Digest. Members of a judge’s association may support the enactment of a bill pending in the legislature, which support may include lobbying and sending of a letter, where the proposed legislation concerns the law, the legal system, or the administration of justice.Rules.

87-02.htm

Thu, 06 Apr 2006 14:37:20 EST

Opinion 87-02. January 28, 1988. Topic:. Unexpended Campaign Funds of a Committee for the Re-election of a Candidate for Judicial Office.. Digest. Unexpended funds for Judicial Candidate may not be donated to a political party, general fund, or political committee; nor to any special non-campaign

87-03_.pdf

Mon, 07 Mar 2005 15:06:28 EST

Opinion 87-03 Digest: Court, where 2 full-time judges also preside, should disqualify himself from cases in which his lawyer-brother's partners or associates appear, whether in their capacities as private practitioners and as part-time members of the Public Defender's staff, but as to the latter, di

87-07.htm

Thu, 06 Apr 2006 14:37:35 EST

Opinion 87-07. Topic:. Appointment by a Surrogate as guardians ad litem of partners of a law firm which employs the lawyer-son of the Surrogate as an associate.Digest. A Surrogate who appropriately appointed from time to time as guardians ad litem partners of a law firm who were qualified for appointment under Sectio

87-08.htm

Thu, 06 Apr 2006 14:37:52 EST

Opinion 87-08. Topic:. Disqualification; family relationship; Surrogate’s son in law firm.. Digest. Surrogate should disqualify himself from presiding over matter in which law firm appears with which Surrogate’s son is associated.Rules. Judiciary Law § 472, 471; Canons 3 (C) (1) (d) (iii) and 3 (D) 22 NYCRR § 1

87-09_.pdf

Mon, 07 Mar 2005 15:06:29 EST

Opinion 87-09 Digest: stipend or direct its payment to a charity for participation as paneliis in a public forum sponsored by an educational institution supported by public monies -Rules: 100.6(6) (2) A judge may not accept a Opinion: panelist in a public form sponsored by an educational institutiio

87-10_.pdf

Mon, 07 Mar 2005 15:06:29 EST

Opinion 87-10 J ~ ~ U ~ I Y 28, 1988 Digest: Partners or associates of a part-time judge who is an attorney may not practice law in that judge's court, but may practice in a court presided over by a judge who is permitted to practice law in another town, village or city. But an associate who is an e

87-11_.pdf

Mon, 07 Mar 2005 15:06:30 EST

Opinion 87-11 D i s e s t : A judge who is a voluntary party-defendant intervenor in a Federal action relating t o the con- t i t u t i o n a l i t y of the New York City Board of Estimate may continue as a party on appeal t o the United States Supreme Coxrt, provideC t h c t the jud5e does not a?pe

87-12_.pdf

Mon, 07 Mar 2005 15:06:30 EST

Opinion 87-12 (a) (b) Digest: (a) A judge may attend an ordinary holiday-type party given by a law firm or legal agency: (b) a judge may attend an anniversary celebration of a legal services agency a t which the honored guests are public o f f i c i a l s who are or may be candidates for reelection,

87-13_.pdf

Mon, 07 Mar 2005 15:06:30 EST

Opinion 87-13 Digest: A judge who wrote a letter to a private research institution complimenting a publication issued by that institution may not authoriiz its advertising manager to use the judge's letter in advertising the publication Rules: 100.2(c) Chief Administratoor' Rules Opinion: A judge in

87-14_.pdf

Mon, 07 Mar 2005 15:06:30 EST

Opinion 87-14 January 28, 1988 ~ ~ . L F * . F Y * Dicrest: In the absence of informattio indicating a disqualiifyin relationship between the city court judge and other city officials who practice law, and their law partners and associates, the inquiries as posed, concerning their appearance in cour

87-15_ab_.pdf

Mon, 07 Mar 2005 15:06:31 EST

u Opinion 87-15 (a) (b) D i g e s t : (a) A judge may attend an ordinary holiday-type party or similar function given'by a lawyer, law firm or legal agency: (b) a judge may attend an 'outing, dinner, or other function of a bar association or similar lawyers' association as guest of the association R

87-15_c_.pdf

Mon, 07 Mar 2005 15:06:31 EST

Opinion 87-15 (c) January 28, 1988 Diaest: Acceptance by judges of certain Bar hssociattio dinner invitations from attorneys is permissible but discloosur should be made if the event was close i n time t o a court appearance by the host attorney or law firm. Rules: 22 NYCRR SS100.2(a) 100.2(b) 100.2

87-16_.pdf

Mon, 07 Mar 2005 15:06:31 EST

Opinion 87-16 January 28, 1988 Digest: A campaign committee may finance from campaign funds a modest and reasonable victory reception following the election of a judge. -Rules: 100.7; Canan 7 minion: whether it is permissible for the campaign conunittee, following a ceremonial robing, to hold, finan

87-17_.pdf

Mon, 07 Mar 2005 15:06:31 EST

Opinion 87-17 January 28, 1988 Disest: Questions as posed cannot be answered by Committee because they primarily relate to professional rather than judicial ethics Professional Responsibillit -Rilles: Code (Canons) of minion : appropriateness of an attorney who also is an elected trustee (1) to appe

87-18_.pdf

Mon, 07 Mar 2005 15:06:32 EST

Opinion 87-18 January 28, 1988 Digest: Part-time judge may not represent clients in criminal matters in any court within the county i n which his or her court is located which is presided over by a judge who is pemitted to practice law Rules: -22 NYCRR 100.5(f) minion: may represent clients in crimi

87-20_.pdf

Mon, 07 Mar 2005 15:06:32 EST

Gpinion 87-20 ~anuar~ 28, 1988 Digest: Working at Bingo is incmpattibl with the dignity and integrity of the office of Town Justice and with the high standards of conduct required of a judge; such activity violates the spirit of the rule which proscribes judges from soliciting funds for fraternal or

87-24_.pdf

Mon, 07 Mar 2005 15:06:32 EST

Opinion 87-24 January 28, 198% I -I - DIGEST: A candidate for the office of Town Justice, although not a judge at the time of his candidacy, is subject to the Code of Judicial Conduct and other rules applicable to judicial elections to the same extent as is a sitting judge candidate for that office,

87-25_.pdf

Mon, 07 Mar 2005 15:06:32 EST

Opinion 87-25 January 28, 1988 Diaest: Bolding offices of town justice and counsel to the vice-chairman of a legislattiv commission on critical transportation choices is permissible because offices appear to be compatible. -Rules: 100.3, 100.5(h) minion: also may serve as counsel to the vice-chairma

87-26_.pdf

Mon, 07 Mar 2005 15:06:33 EST

Opinion 87-26 January 28, 1988 Digest: Judge who was employed as town attorney an8 county attorney prior to election is disqualified from sitting on any matter in which he was directly involved; for a reasonable period of time after teminaatio of Mlployment, he shauld reveal his prior employment in

87-27.htm

Wed, 02 Nov 2005 13:38:03 EST

Opinion 87-27. January 28,1988. Topic:. Propriety of testimonial dinner and solicitation of advertisements for souvenir journal in connection therewith.Digest:. While there is no prohibition relative to the testimonial dinner, publication of a souvenir journal in connection therewith is impermissible.Rules:.

87-28_a_.pdf

Mon, 07 Mar 2005 15:06:33 EST

Opinion 87-28la) January 28, 1988 - -Diaest: It is inappropriate for judges, including part-time lay judges, to attend a training seminar on D.W.I. prepared and presented by the County District expressly for the judges in that county before whom members of the District Attorneey' office will appear

87-28_b_.pdf

Mon, 07 Mar 2005 15:06:33 EST

opinion 87-28(b) March 14, 1988 Digest: A judge with CriIninal jurisdiction should not be a member of a County Traffic Safety Board, when fines levied by the judge go to one of that Board's programs. -Rules: 100.5(g) 100.3 minion: of a local court exercising criminal jurisdiction may continue to ser

87-29_.pdf

Mon, 07 Mar 2005 15:06:33 EST

Opinion 87-29 January 28, 1988 Digest: A county judge may serve as a judicial member of a county board established to coordinate services for developmentally disabled persons involved with the criminal justice system. -Rules: 100.4(c) opinion: judge may serve as a judicial member of a county board,

87-30_.pdf

Mon, 07 Mar 2005 15:06:34 EST

Opinion 87-30 January 28, 1988 Digest: Part-time Town Justice should not be a legal advisor to a residents' association located within the town' served by his or her court 22 NYCRR 55100.2(a) 100.2(c) 100.3(c)i] 100.3(c)t31[iiiI, lOO.S(b)lJ, 100.7; Code of Judicial Conduct, (CJC) Canons 2A, 2B, 5B(i

87-4_.pdf

Mon, 07 Mar 2005 15:06:34 EST

OPINION 87-4 N w d e r 12, 1987 Dear Judge meeting of ~ovember 8 , 1987, considered your inquiry of October 21, 1987, whether you may, consistent with your ethical obligations as a judge, continue your active intervention as an individual defendant, pro se, in a Federal action, relating to the const

87-5_.pdf

Mon, 07 Mar 2005 15:06:34 EST

OPINION 87-5 November 12, 1987 Dear X r . The Advisory Committee on Judicial Ethics, at its meeting on November 9, 1987, considered your innsuirv of October 30, 1987, on behalf of Judge as to (1) whether he may appear, under LiUbpoena, a- character witness in a panding Federal court action in which

87-6_.pdf

Mon, 07 Mar 2005 15:06:35 EST

OPNION 87-6 mvember I t , 1987 Dear Judge The Advisory Committee on Judicial Ethics, at it6 meeting of Nwembsr 9, 1987, considered your inquiry oi October 30, 1987, concerning whether you are disqualifiie irom presiding Over actions in which a party is represented by a law firm which employed your n

88-02_.pdf

Mon, 07 Mar 2005 15:06:35 EST

opinion 88-02 January 28, 1988 -Digest: Judge may apply for school scholarship for child, but not using judicial stationerry and being prepared for recusal if school thereafter becomes party in litigation -Rules: lOO.Z(c) minion: for a school scholarship for her child. A judge, acting as a pareat, m

88-04_.pdf

Mon, 07 Mar 2005 15:06:35 EST

Opinion 88-04 January 28, 1988 . Diqest: Joint fund-raising efforts by a single committee far the re-election of two county judges is impermisssibl -Rules: 22 NYCRR 100.7 minion: On the facts stated in the inquiry, both county judges presently serving, by establishing a joint campaign committee, wou

88-05_.pdf

Mon, 07 Mar 2005 15:06:35 EST

Opinion 86-05 * -April 11, 1988 -Digest: A Town Justice may also serve . as a Deputy County Clerk in charge ot motor vehicle operations in the county where he presides, provided that if he is called upon to act in the place and stead of the Counry Clerk, he must resign from one of the two positions.

88-06_.pdf

Mon, 07 Mar 2005 15:06:35 EST

Opinion 88-06 March 14, 1988 Dicrest: Permissible for judge to serve as chair of incorporated regional chapter of national religious llcrusade, ' provided judge does not solicit funds, or allow his name to be used in solicitation of funds, or preside or speak or allow his name to be used at any even

88-07_.pdf

Mon, 07 Mar 2005 15:06:36 EST

Opinion 88-07 J ~ U W 28, isis Digest: A judge may engage in activities to improve the law and in civic and charitaabl activities, provided the activities do not interfere with impartiality or involve the jildge in fuadraising activities. R- Canons 3, 4 and 5 of the Code of Judicial Conduct and sect

88-08_.pdf

Mon, 07 Mar 2005 15:06:36 EST

inion 88-08 March 14, 1988 Digest: Judge may appoint relative of spouse as a volunteer summer intern. .Rules: -22 NYCRR 100.3(b)4) A judge asks whether it would be proper to appoint the son of his wife's cousin as an unpaid volunteer sumer intern. In our view, a volunteer summer intern of the type d

88-09_.pdf

Mon, 07 Mar 2005 15:06:36 EST

Opinion 88-09 January 28, 1988 Digest: Although previously uupubliccize and unannounced, the acceptance of a plaque or public service presented to a Judge by a civic association at its annual dinner would be a violation of the spirit of the rule prohibiting a judge from being a speaker os guest of h

88-10_.pdf

Mon, 07 Mar 2005 15:06:38 EST

Opinion 88-10 March 14, 1988 D i s e s t : A judge may write a reference letter on behalf of a law school or job applicant if the recommendation reflects the judge's appraisal of the abilities of the applicant. While these letters may be written on judicial letterheea stationery, the words "Personal

88-100_.pdf

Mon, 07 Mar 2005 15:06:36 EST

Opicion 85-10@Sept. 19, 1988 ~ -Digest: A judge may be a member or officer of a local bar associaatio that ranks candidates for judicial office, but may not participate in the rating process, and should make such nonparticipation clear so as to avoid any appearance of impropriety. Rules : 22 NYYCRR

88-101_.pdf

Mon, 07 Mar 2005 15:06:37 EST

JO 5 at minion 88-101 58-102 Get. 27, 1988 Digest: k Susreme Court justice, whose spouse is an assistant corporation counsel, and a Supreme Court justice whose spouse is an assistaan district attorney, need not recuse themselves fram any case in which the corporation counsel or district attorney, as

88-102_.pdf

Mon, 07 Mar 2005 15:06:37 EST

88-103_.pdf

Mon, 07 Mar 2005 15:06:37 EST

Joint opinion 88-85 88-103 Dec. 8, 1988 _ -Digest: A judge has the discretion to determine whether or not to advise the appropsiate en- forcement authorities of any criminal activity or misconduuc on the part of a litigant or witness that is revealed in the course of a proceeding. m: 22 NYCRR 5100.2

88-104_.pdf

Mon, 07 Mar 2005 15:06:37 EST

inion 88-104 Sept. 19, 1988 Diqo,st: It would be improper for any judge to participate in a fundraising event, even if it is under the sponsorship of a local bar association. 22 NYCRR SIOO.S(b) ( 2 ) . -mule: minion: h county judge has inquired whether it would be appropriiat for him and other membe

88-105_.pdf

Mon, 07 Mar 2005 15:06:37 EST

3pi,inion 88-135 Oct. 27, 1988 D i g e s t : A town justice may decide cases where one party is a bank which e-loys his wife as secretary, provided ne discloses his relationnshi to both parties and neither party objects. -Rule: 22 NXRR ~100.3(c)iii) EcE?l SUITIBWC 21.507.9 OIJinion: A town justice i

88-106_.htm

Mon, 07 Mar 2005 15:06:38 EST

Opinion 88-106. September 19,1988. Topic:. Extra-judicial activities; television appearances by judge on talk show to discuss legal matters.. Digest. A judge may appear on a television talk show to discuss various legal topics provided such appearance does not interfere with the judge’s judicial dut

88-108_.pdf

Mon, 07 Mar 2005 15:06:38 EST

3ptnion 88,1C8 Octaber 27, 1988 Digest: (1) A part-time judge may not receive a fee, ei'her directly or indirectly, for aatters which originatte in his court an& (2) his partners and associatte may practice before juciges who are permitted to practice law in another town or village court. 2ules : 22

88-109_.pdf

Mon, 07 Mar 2005 15:06:38 EST

5 D9u* = Opinion 88-109 . December 8, 1988 Y. Diaest: A town justice may not act as chairman of the town planning board. -Rules: 22 NYCRR SS100.2; lOO.S(b)l) odaian: appointment as chairman of the town planning board, which promulgates policy directed to land use and the developnent of the town. lie

88-11_.pdf

Mon, 07 Mar 2005 15:06:41 EST

opinion 88-11 March 14, 1988 Digest: A judge of a court of record may continue to own stock in a small corporation which operates an apple orchard or profit, but may not be an officer or director of the corporation, or participate in the conduct of t9e business in any manner. (c) 2. -Rules: Canon 5C

88-110_.pdf

Mon, 07 Mar 2005 15:06:39 EST

Opinion 88-110 VI sept. 19, 1988 Digest: A judge may serve as presideen of a service organizatiion provided that he does not personally engage in solicitation of funds nor permit his name to be used on the organization‘s letterheead of in conjunction with any solicitation of funds. Rule : 22 NYCRR S

88-111_.htm

Mon, 07 Mar 2005 15:06:39 EST

Opinion 88-111. October 27,1988. Topic:. Participation of village justice in community cake-baking contest.. Digest. A village justice may judge a cake-baking contest provided that the purpose of the event is not fundraising.Rules. Section 100.5 (b) (2) of the rules of the Chief Administrator [22 NYCRR].

88-112_.pdf

Mon, 07 Mar 2005 15:06:39 EST

Opinion 88-112 October 27, 1988 -I b.CNS. Digest: A jiidge should not participaat in a city council meetirrg involving an amendment of the City Code. Rule: 22 Em 100.2 minion: A City Court Sildge inquires whether he may attend a city coilncil meeting concerning an amendment of the city code to regul

88-113_.pdf

Mon, 07 Mar 2005 15:06:39 EST

Opinion 88-113 Digest: A judge or justice who is not a candidate for judicial office may not give permission to a Congressman's reelection campaaig Coaasaittee to use a photogrrap of the justice and Congressman as part of the Congressman's reelection cunpaign. -Rules: 22 NYCRR 100.2(c) 100.7(a)c) op

88-114_.pdf

Mon, 07 Mar 2005 15:06:39 EST

Opinion 88-114 D~C. a, 1988 Digest: A town justice may serve as a police officer with the local volunteer fire department, provided the position is not a peace officer position. Rules : 22 NYCRR 100.5(h) Ominion: A town justice, who is a member of the loiai volunteer fire department, inquires whethe

88-116_.pdf

Mon, 07 Mar 2005 15:06:40 EST

Opinion 08-116 October 27, 1988 Digzst: Where the county receives federal funding G: the Hatch Act provides that a county employee may not run for office vith a party label, whether a part-time town justice may run under a non-partisan label presents a question of law. Federal Hatch Act. -Zule : Win

88-117_.htm

Mon, 07 Mar 2005 15:06:40 EST

Opinion 88-117. October 27,1988. Topic. May a judge present a gift of books to a local college on behalf of a charitable organization of which the judge is a member?Digest. There is no prohibition against a judge being an officer or director of a civic or charitable organization , nor is he or she

88-118_.pdf

Mon, 07 Mar 2005 15:06:40 EST

Opinj an 88-118 October 27, 1988 -a C A S -I- Digest: There is no prohibition against the receipt of leyal fees earned before assuming judicial office. 22 NYCRR 100.2[a) -Rule : opinion: After years of legal practice a judge was appointed to the criminal court, and arranged for other attorneys to ta

88-119_.pdf

Mon, 07 Mar 2005 15:06:40 EST

binlor, 88-iI9 f Oct&er 27, 1988 DAN -Cisest: TIie judge may serve on co-opls board of directors, but may not serve on the legal and admissions sabcormnittee. 22 NYCRR $S100.2(a) 100.2(c) 100.5(b) 100.5(c)l) 100.5(2) Canons 2A and 2B. 3ules: minion ;sn acting supreme court justice inquires whether h

88-120_.pdf

Mon, 07 Mar 2005 15:06:41 EST

Joint Opinion 88-120 88-125 October 27, 1988 Digest: A judge must disclose the fact on the record where an attorney who appears before him represented the judge in a prior personal legal matter; no rigid time limitation exists upon the auty to asclose. Rules : 22 NYCRR 100.3(d) minion: In the presen

88-121.htm

Tue, 19 Apr 2005 20:01:40 EST

Opinion: 88-121. October 27,1988. Topic:. Judge serving on board of directors of civic group devoted to helping disadvantaged people develop skills necessary to secure employment.Digest. A judge may serve as a member of the board of directors of a civic group devoted to helping disadvantaged people develop skil

88-125_.pdf

Mon, 07 Mar 2005 15:06:41 EST

88-126_.pdf

Mon, 07 Mar 2005 15:06:41 EST

88-126 Sovember 15 , 1988 i l N N Dear Justice its meeting on October 27, 1988, considered your inquiry (88-126) dated October 12, 1988, and in response thereto ftetennined that a copy of opinion 88-41 (enclosed) be transmitted to you. You will note that this Opinion, citing section 100.3(c) of the

88-127_.pdf

Mon, 07 Mar 2005 15:06:41 EST

33-127 Vovember 21, 1388 I *ax Justice Tfiis is in response to your letters of october 14 and Cctober 17, 1988, in which you inquire &tether, as a part-time village justice, you may prosecute cases as a village attorney in a county court presided aver by a justice who is authorized to practice law.

88-128_.pdf

Mon, 07 Mar 2005 15:06:42 EST

winion 88-128 Dec. 8, 1988 Dioest: A town justice may serve as county attorney provided that he does not need to recuse himself frequently when he hears cases as a town justice. Rules : 22 NYCRR SlOO.S(f) 100.5 (h\ minion: A part-time town justice inquires about serving in a part-time position as co

88-129_.pdf

Mon, 07 Mar 2005 15:06:42 EST

Opinion 88-129 Dec. 8, 1988 Digest: Although not necessarril politically sponsored, a social event sponsoring community school board candidates for elections is so closely involved with the political community that a judge may not purchase tickets to attend the event. 22 NYCRR 100.7(a) (b) (c) and (

88-13_.pdf

Mon, 07 Mar 2005 15:06:44 EST

Opinion 88-13 March 14, 1988 = " - -yy- Digest: A judge may serve as cochaiirma and master of ceremonies of a dinner sp6nsored by a religious organization when no fundraiisin takes place at the dinner and where the judge will in no way be involved, nor his name used, in connection with the separate

88-130_.pdf

Mon, 07 Mar 2005 15:06:42 EST

3pinion 88-130 Dctc. 8, 1988 I Diqest: A city court judge is prohibited from serving as a direccor of a legal services bureau which represents clients in his court. lOO.S(b)l) Code of Judicial Conduct, Canon S(B)l) w: 22 NYCRR Section muuon: A citf court judge seeks an opinion as to the propriety of

88-131_.pdf

Mon, 07 Mar 2005 15:06:42 EST

inion 98-131 at. 12; 1989 MI Diicest: An associate of 6 law partnershhi which includes a part-time judge map appeaz before a judge who is permitted to practice law in another town, villhge OT city in the same colillty, provided that the associate is appearing on his or her own behalf. or on behalf o

88-132_.pdf

Mon, 07 Mar 2005 15:06:43 EST

Opinion 88-132 Dee. 8, 1988 a -Diaest: Unless the judge himself is a candidate for electiio during the year in question, he may not attend a victory party or a reelected ,assemblyman. -Rules : 22 NYCRR 5100.7(a) (e) minion: A judge has inquired whether he may attend a Thanksgiving and victory party

88-133_.pdf

Mon, 07 Mar 2005 15:06:43 EST

opinion 88-133 Dee. 8, 1988 Digest: A judge may write newspaape articles on the law, provided they do not interfete with the -judgers judicial duties and that the judge does not give opinions which would cast doubt on the judgers impartiality. 100.6. -Rules : 22 NYCRR 55 100.4(a) and minion: A city

88-134_.pdf

Mon, 07 Mar 2005 15:06:43 EST

Opinion 88-134 Dec. 8, 1988 Digest: An acting village justice may not serve in any fundraising capacity for a nonprofit organization. 22 NYCRR 100.5(b)2) -Rules : minion: An acting village justice asks whether he is barred under Chief Administrator's Rule 100.5(b)2) from serving as class agent, or i

88-135_.pdf

Mon, 07 Mar 2005 15:06:43 EST

opinion 88-135 Dec. 8, 1988 -e Digest: ’ A judge whc is ;9*mitte9 to practice law may appear before a County Court judge in the same county in which his court is located. Rules: 22 NYCRR 100.51f) minion: A part-time town justice who is permitted to practice law inquires whether he may appear as an a

88-136_.pdf

Mon, 07 Mar 2005 15:06:43 EST

Opinion 88-136 Dec. 8, 1988 Dicrest: A Family Court judge may nor speak at a political club about the function ef Family Court. -Rules: 22 NYCRR 100.7(a) and (d) minion: A F d l y Court judge who is not running or election inquires whether it would be appropriate to speak to a political club about t

88-138_.pdf

Mon, 07 Mar 2005 15:06:44 EST

Opinion 88-138 Dec. 8, 1988 Digest: It is inappropriate for a judge to request an attorney to waive his fee for legal services rendeere to the judge. Rules: 22 NYmR S§100.1; 100.5 ( C ) -on: The question presented to the Coxnittee is whether a judge may properly request attorneys who represented the

88-139_.pdf

Mon, 07 Mar 2005 15:06:44 EST

Spinion 88-139 Dec. 8, 1988 Diaest: A judge may not campaign to have all court employees located in one office. Rules : 22 NYCRR 100.4(b) 100.7; Canon 7B(l)cI of the Code of Judicial Conduct. -minion: A town judge states that several months ago, the village administration assigned his court personne

88-140_.pdf

Mon, 07 Mar 2005 15:06:44 EST

I winion 88-140 Dec. 8, 1988 I Digest: County court judge, whose l a w clerk i s married to an assistant public defender, need not recuse himself in cases in which the spouse or any other member of the public defender's office appears, but whsn the spouse appears, the judge must disclose the employm

88-142_.htm

Mon, 07 Mar 2005 15:06:45 EST

Opinion 88-142. December 8, 1988. Topic. Town Justice seeking election to local board of education.. Digest. A town justice may not seek election to or sit on the board of education.. Rules. Canon 7A(3) of the Code of Judicial Conduct; 22 NYCRR 100.7..

88-143_.pdf

Mon, 07 Mar 2005 15:06:45 EST

Y opinion 88-143 ' Dec. 8, 1988 I Digest: A judge may not assist in soliciting charitable contributiuns from lawyers; the judge may, . however, make his own charitable contributions. Rules: 22 NYCRR 100.5(b)2) - minion: A town justice asks whether he may assist a local religious charitable federatio

88-144_.pdf

Mon, 07 Mar 2005 15:06:45 EST

Qpinion 88-144 Dee. 8, 1988 Digest: A judge my =Sign 18-8 cases to . attorneys who worked on the judge's election campaign, provided he does sa on the basis of merit and fairness. ales : 22 NYQCR 100.3(b)4) -Binion: assigning 18-8 cases to attorneys on the 18-8 list who helped in A town justice iaqu

88-145.htm

Mon, 30 Oct 2006 15:21:57 EST

Opinion 88-145. December 8, 1988. Topic. A county court judge serving on the board of directors of a society for the prevention of cruelty to children.Digest. A county court judge may not serve on a board of directors of a society for the prevention of cruelty to children if its employees are likely to appea

88-147_.pdf

Mon, 07 Mar 2005 15:06:45 EST

Opinion 88-147 Dec. 8, 1988 Diaest: A town justice may not assist a town clerk in obtaining compliance with dog licensing ordinances by communicating with suspected offenders and informing them of possible violations of law. Rules: 22 NYCRR 100.3(c) -minion: The question presented is whethex a town

88-148_.pdf

Mon, 07 Mar 2005 15:06:46 EST

inion 88-148 Dec. 8, 1988 Diaest: A tm justice may act as part-time hearing officer for a county health department so long as such employment does not conflict or interfere w i t h the proper performance of the justice's judicial duties. Rvles: 22 NYCICR S100.5Ih) -Czd.nion: hearing cfficer for the

88-150_.pdf

Mon, 07 Mar 2005 15:06:46 EST

inion 88-150 Dec. 8, 1988 Dioest: A judge hearing abuse and neglect cases is prohibited from serving on the board of directors of a county task force on child abuse and neglect. -Rules: 22 NYCRR 5100.5(b) ODinion: X Surrogate Court Judge seeks an opinion as to the propriety of serving on the board o

88-151.htm

Mon, 12 Dec 2005 17:51:35 EST

Opinion 88-151. December 8,1988. Topic:. Town justice serving as member of the criminal justice curriculum advisory committee of a community college and on the board of directors of a charitable organization.Digest. A judge may serve on the community college advisory committee and on the board of a charitable organ

88-152_.pdf

Mon, 07 Mar 2005 15:06:46 EST

86-152 March 16, 1989 The Advisory C d t t e e on Judicial Ethics, at its meeting on February 24, 1989, considered your inquiry (88-152) of January 5, 1989, concerning the propriety of a law firm which regularly appears in your court, hiring your daughter, a college student, to work temporarily on a

88-153.htm

Fri, 12 May 2006 15:14:34 EST

Opinion 88-153. January 12, 1989. Topic. Recusal of judge because of previous relationship with attorney and insurance carrier presently appearing before the judge.Digest. A judge must disclose to all parties his prior connection with the lawyer or insurance carrier, and should seriously consider

88-154_.pdf

Mon, 07 Mar 2005 15:06:47 EST

Opinion 88-154 yI* v Jan. 12, 1989 Digest : A part-time town justice may not also be enployed as a political lobbyist. -Rules: -22 NYCRR §100.4(b) 100.51h) 100.7(a) minion: A part-time town justice, who is also an attorney, asks iE he may hold a position with a law firm in which his principal duty w

88-155_.pdf

Mon, 07 Mar 2005 15:06:47 EST

Ginion 88-155 Jan. 12, 1989 _ Diaest: (1) The decision by the judge whether or not to consent :o L interviewed by counsel or t h e respondents prior to the fudge' s subpoenaed appearance as a witness in a bar disciplinary proceeding presents no per se ethical question. !2) The judge's doterminatioi

88-156_.pdf

Mon, 07 Mar 2005 15:06:47 EST

36-236 February 7, 1989 -L oear Justice This letter is written to respond to your letter of November 30, 1988, in which you request a clarification of the Committee's response to aa iirpuiry by vour associate Town Justice, Hon. r-b. tke CaErmittee at its meeting of Jan-12, 1989. should disquaUfy you

88-157_.pdf

Mon, 07 Mar 2005 15:06:47 EST

opilion 88-157 Dec. 8, 1988 - A juage may preside over cases in which the judge's former law clerk represents a party. 22 NYCRR 100.3(c) .Rule : ODinion: A judgc inquires whether he may p-sside over cases in which one party is represented by an attorney who formerly served as the judge's research cl

88-158_.pdf

Mon, 07 Mar 2005 15:06:48 EST

Opinion 88-158 JMUW 12, 1989 Qieest: No E~L: u ethical requirements prohibit the judge's hearing the case: the judge should determine the recusal motion according to his conscience and discretion. u: 22 MCRR 100.3(C) YYIUIYY. A County Court judge in a "small rural countyn inquires whether he should

88-159_.htm

Mon, 07 Mar 2005 15:06:48 EST

Opinion 88-159. January 12, 1989. Topic:. Whether a Civil Court Judge may suggest that another judge impose a particular sentence on a criminal defendant.Digest:. A judge should not, on his own initiative, volunteer information or suggestions to influence another judge in sentencing a de22 NYCRR § 100.2 (a) 100.2 (c).

88-16_.pdf

Mon, 07 Mar 2005 15:06:49 EST

opinion 88-16 March 14, 1988 Digest: A part-time criminal court judge is not required to disclose his educational or treatment activities, concerning alcoholism and substance .abuse, whq presiding over MJI cases. Judicial Conduct, Canon 2. Rules: 22 NYCRR g100.3; Code of Opinion: whether he must dis

88-162.htm

Thu, 06 Apr 2006 14:38:14 EST

Opinion 88-162. January 12,1989. Topic:. Town justice serving as treasurer of a private rod and gun club.. Digest. A town justice may serve as an officer of a private rod and gun club and may have his name appear on the club’s liquor license, but must disqualify himself if any matters involving the club come befor

88-164_.pdf

Mon, 07 Mar 2005 15:06:48 EST

opirdon 88-164 Jan. 12, 1989 Digest: A part-time judge may carry on a collection practice within certain limitations. Code of Judicial Conduct, Canoc 2A. Rules: 22 NSCRR SXOO.S(f1; XOO.Z(a) -minion: carry on M active collection practice which constitutes 25% of his private law practice. required col

88-166_.pdf

Mon, 07 Mar 2005 15:06:49 EST

hion 38-166 Jan. 12, 1988 ~iaest: A judge may sutnnit an affidaavi of good character for aa applicant to the New York bar if it corrtains an accurate reflection of the judge ' s opinion. the Code of Judicial Conduct. Rules : 22 NPCRR 100.2(c) Canon 28 of -ODilliOa: A judge asks the Camittee whether

88-167_.htm

Mon, 07 Mar 2005 15:06:49 EST

Opinion 88-167. January 12, 1989. Topic. Extra-judicial activities; of radio program discussing Jewish culture and affairs.. Digest:. A judge may participate as co-host of a radio program devoted to a discussion of Jewish culture and affairs.Rule:. 22 NYCRR §100.5(a). Opinion:. A judge inquires whether

88-168_.pdf

Mon, 07 Mar 2005 15:06:49 EST

Opinion 88-168 Jan. 12, 1989 W Diqest : (1) A judge may not designate a charity as recipient of a cash gift, from a third party, for solemnization of a marriage. (2) A judge may serve as an unpaid member of a cooperative apartment's board of directors. (3) A judge m y write a letter of reccamnendzti

88-17_.pdf

Mon, 07 Mar 2005 15:06:50 EST

Opinion June 13, 1988 89-171~ 85-48 Digest: A judge must disclose on the record his prior legal representation of a person who appears before the judge as a party, and may proceed only if all parties consent an12 if the judge determines that he can act impartially. -Rules: 22 NYCRR 100.3Ic) @inion:

88-17_a_.pdf

Mon, 07 Mar 2005 15:06:50 EST

Joint minion 88-17(a) 88-25 DIGEST: A part-time lawyer-judge or a member or associate of the judge is prohibited from representing a party in a civil or criminal matter initiated in the judge's court but transferred to another court. Judiciary Law sections 16, 17, 471; Code of Judicial Conduct, 'Com

88-17_b_.pdf

Mon, 07 Mar 2005 15:06:50 EST

b i n t minion 88-17:b) 88-34 spril 11, 1988 Diciest: A town justice need not disquaalif himself or herself where the town is a party to litigation but should disquaalif himself or herself, subject t o a remittal of disqualifiication where a town councilman or member of the town board who participat

88-17_d_.pdf

Mon, 07 Mar 2005 15:06:50 EST

Opinion 88-17(d) March 14, 1988 Digest: Unless there is some additional disqualifying circaunstance, or if the judge is doubtful of his or her ability to preside impartially, the mere fact that a person who lives in the judge's neighborhood is a party to the lawsuit does not require disqualification

88-18_.pdf

Mon, 07 Mar 2005 15:06:51 EST

opinion 88-10 March 14, 1988 Diaest: A judge m y join and participate in an educational and religious organization provided the activities do not interfere with impartiality or involve the judge in fundi’aiisin activities. Judicial Conduct and Section 100.5 of the Rules of the Chief Administrator of

88-19_.pdf

Mon, 07 Mar 2005 15:06:51 EST

opinion 88-19 March 14, 1988 Digest: A judge may not serve as an executor of a will or as a trustee for friends, even if residents of another state. Rules: Section 100.5(d) of the Rules of the Chief Administrator (22 NYCRR 100.5(d) opinion: be proper to serve as an executor and trustee in two situat

88-20_.pdf

Mon, 07 Mar 2005 15:06:51 EST

Opinion 88-20 March 14, 1988 D i g e s t : Part-time town justice may serve as attorney for a f i r e district located in the town in which his court is located. Y!ompliance' paragraph A(1) 22 NYCRR 100.5(hl. - Code of Judicial Conduct, minion: A recently elected town justice, who is an attorney, in

88-21_.pdf

Mon, 07 Mar 2005 15:06:51 EST

Opinion 88-21 June 13, 1988 Digest: A Surrogate may appoint partners and associates of his first cousin to. fiduciaar positions; and partners and associates of his first cousin may appear and practiic before him, provided #at the cousin does not share in the fees that his partners and associates rec

88-22_.pdf

Mon, 07 Mar 2005 15:06:51 EST

opinion 88-22 March 14, 1988 -Dieest: A Town Court Justice need not disqualify himself in criminal cases because of his friendship wiM the D i s t r i c t Attorney, when that District Attorney is not personally appearing i n the court. -Rules: 22 NYCRR 100.3(c) minion: should inform defendants and a

88-23_.pdf

Mon, 07 Mar 2005 15:06:52 EST

opinion 88-23 March 14, 1988 Diaest: Juages who wrote a commendation letter to a charity may not authorize its use for fundraising purposes by the organization. Rules: 22 NYCRR 100.2(c) minion: write a commendation letter requested by a religiouschariitabl organization which maintains a youth center

88-25_.pdf

Mon, 07 Mar 2005 15:06:52 EST

88-26_.pdf

Mon, 07 Mar 2005 15:06:52 EST

political club fundraiser, but should not purchase the more expensive tickets denominated as t'Sponsort' or "Patronat. to appear as a "Contributorvt on the political club's written dinner invitation for its fundraiser (Election Law S17-162, -1. binding upon either the Office of Court Administration

88-27_.pdf

Mon, 07 Mar 2005 15:06:52 EST

Opinion 88-27 March 14, 1988 Diaest: A judge may contribute to a parschial school at its annual dinner and permit his LLame to be included on a "page of honor" together with other contributors on a calendar distributed at the dinner. Bowever, the calendar may not indicate in any way that the judge w

88-28_.pdf

Mon, 07 Mar 2005 15:06:53 EST

July 13, 1988 Dear Justice tion of the Advisory Coxunittee on Judicial Ethics, reached at its meeting of March 14, 1988, concerning your inquiry (88-28) of February 26, 1988, which determinaatio was transmitted to you informally by , Administrative Assistant to the coarrmttee, ~y telephone after tha

88-32.htm

Mon, 12 Dec 2005 17:51:37 EST

Opinion 88-32. March 24,1988. Topic:. Appearance by judge at a political club to speak about the legal system.. Digest. A judge may not speak at a political club about the legal system.. Rules. 22NYCRR 100.7 (a) and (d). A judge who is not running for election inquires whether it would be approp

88-33_.pdf

Mon, 07 Mar 2005 15:06:53 EST

Opinion 88-33 M a r c h 14, 1966 Digest: A judge may not serve as honorary cWnnan ox participate in a fundraiisin project involving the preparation and sale of a cookbook for a nonproofi organization. Section 100.5lb)2) of the Rules of the Chief Administrator. -Rules: minion: A judge inquires whethe

88-34_.pdf

Mon, 07 Mar 2005 15:06:53 EST

88-36_.pdf

Mon, 07 Mar 2005 15:06:54 EST

Opinion 88-36 ?pril 11, 1988 Diuest: It is inappropriate for the justice who will decide a proceeding to recover possession of real property (RPAPL Art. 7 ) to assist a party in preparing the petition bringing on the proceeding. Code of Judicial Conduct, Canon 3A(4) Rules of the Chief Administrator

88-38_.pdf

Mon, 07 Mar 2005 15:06:54 EST

pinion 88-38 ' April 11, 1988 Diaest: It would be improper for a judge to rent space in premises partially owned by an attorney who practices in the same court where the local judge sits and who may refer matters to the Judge. 100.2(al(c) Canon S(cl(1) w: 22 NYCRR 100.5(c)l) and ( 3 ) ; ORiniOn A pa

88-39_.pdf

Mon, 07 Mar 2005 15:06:54 EST

38-39 June 3, 1938 Dear Justice 1988, seeking clarification of Opinion 87-10 issued by the Advisory Conunittee On Judicial Ethics. professionally associated with a part-time judge, but who has an independent practice, may appear before a part-time judge of a court in another town, village or city bu

88-41_.pdf

Mon, 07 Mar 2005 15:06:54 EST

Opinion 88-41 April il, 1988 Digest: A Judge should disqualify himself in an action where a party in a small claims part is 3 member of the Village Board of Trustees, wbo participaate in setting the Judge's salary. Rules : Canon 3C, 3D, 22 NYCRR 10G.2(a) 100.3(c)l) minion: A Village Justice inquires

88-42_.pdf

Mon, 07 Mar 2005 15:06:55 EST

Opinion 88-42 April 11, 1988 Diaest : A judge may serve as a member of the Board of Directors of a Don-profit United Way group, composed of various civic, coininunity and philantropic organizations, provided that his name is not listed or ased in conjunction with any solicitation of funds and that h

88-43_.pdf

Mon, 07 Mar 2005 15:06:55 EST

Opinion 83-43 April 12, 1988 Diuest: A judge must disqualify himself in cases invollvin an attorney who once represented the judge's wife for as long as the judge feels that he cannot be impartial. e: 22 NYCRR 100.3(c) Cwinion: recuse himself from matters in which an attorney, who once represennte t

88-44_.pdf

Mon, 07 Mar 2005 15:06:55 EST

Opinion 88-44 m y 9, 1938 - -Digest: Family Court Hearing Examinerrs as quasi-judicial officers, may not be represennte by 2 politically active organization. Code of Judicial Conduct: Family Court Act S439. Rules : Canons 4B, 4C and 7 of the Opinion: The issue is raised as to whether Family Court He

88-45_.pdf

Mon, 07 Mar 2005 15:06:55 EST

opinion 88-45 ~opic: April 11, 1988 Dikest: Partners or associates of part-time justice may not practice law before co-justice. gl&g: 22 NYCRR 100.5(f) z12-m7.200 rninion: in which a member of his co-justice's law firm appears. of the Courts provides in relevant part as follows: A part-time justice

88-46_.pdf

Mon, 07 Mar 2005 15:06:56 EST

O p i P i ~ n 88-46 April 11, 1983 Dicfest: A tam justice may also serve as assistant county attorney provided the justice disqualifies himseel in cases involving a conflict or an appearance of impropriety. 22 NYCRR 100.5(f) 100.S(h) -Rules : Ominion: missible to serve as a full-time assistant count

88-47_.pdf

Mon, 07 Mar 2005 15:06:56 EST

Inion 88-47 June 13, 1988 Digest: A surrogate shouid not actively seek grants from New York foundations for the benefit of the National College of Probate J-udges. Rules: 100.41~ of the Rules of the Chief Administrator of the Courts 122 NYCRR 100.4 (c) Canon 4(C) of the Code of Judicial Conduct. min

88-48_.pdf

Mon, 07 Mar 2005 15:06:56 EST

88-50_.pdf

Mon, 07 Mar 2005 15:06:57 EST

hian 88-50 sept. 1-9, 1988 niqest: An attorney-justice and the partners cjf rhe juscice may not represent clients if the sase originates in rhe justice's court. Rules: Sections 16, 17 and 471 of the Judiciary Law; sections 100.3 fc)l) and 100.5(f) of the Rules of the CMef Administratto of the Courts

88-52_.pdf

Mon, 07 Mar 2005 15:06:57 EST

minion 88-52 May 9, 1388 p&eLS I*C*C- Qigest: Absent any particular circumstaance indicating a personai bias, the nere fact that an Acting Village Justice and a Sart-time Village Attorney are both %mployees* of the Village does zot give rise to a disqualifying relationship. Rules : Canon 3Cf1) of th

88-53_.pdf

Mon, 07 Mar 2005 15:06:57 EST

Opinion 88-53 May 9, 1888 Digest: Criminal court judge may not initially recommend a law stcdent for summer-term employment to the District Attorney, but may write a To Whom It May Concern letter of reference for the student, and may authorize the candidate to use the judge as a reference and nay th

88-54_.pdf

Mon, 07 Mar 2005 15:06:58 EST

Opinion 88-54 May 9, 1988 Dicrest: Absent a showing of prejudice, rhe Justice may continue to preside over a case and to issue a decision in the case where the plaintiff subsequently has sued the Justice in Peaera1 Court in a related matter. Rules of the Chief Administraato of the Courts, section 10

88-56_.pdf

Mon, 07 Mar 2005 15:06:58 EST

Opinion 88-56 m y 9, 1988 Digest: A law firm may not contribuuc to a polirical campaign in its name if its membershhi inciudes a partner or an associate who is also a part-time local court judge. Judicial Conduct, Canon 7A :11 (c) Rules : 22 NYCRR S103.7; Code of rninion: This opinion responds to an

88-57_.pdf

Mon, 07 Mar 2005 15:06:58 EST

Dpinim 86-57 May 9, 198% t4 Figest : Village Justice should disquaalif herself where the justice's spouse, who 4s the Regional Forester in charge of state larrds, initiates or directs initiation of proceeedin involving conservatiio violations, or where the spouse may be a material witness in such a

88-58_.pdf

Mon, 07 Mar 2005 15:06:58 EST

m-ja June 7, 1388 Dear Justice at its meeting of Fay 9, 1988, considered your inquiry (88-581, and referre& you to the attached Opinion 88-52 with respect to this matter. Please note that this Opinion applies to witnesses for parties, as well as to attorneys or parties. not bind the Commission on Ju

88-59_.pdf

Mon, 07 Mar 2005 15:06:59 EST

minion 88-59 4ay 9, 1988 Digest: unexpended funds for a judiciia candidate should not be donated to a political party ox to a political party committee. Canon 5(Bi, 7 ( A j ( 2 ) , 7(B)1) (b) urd 7(B)2) 22 NYCRR 100 -7 [b) . Rules : Code of JQdicial Conduct, minion: The treasurer of a committee for

88-60_.pdf

Mon, 07 Mar 2005 15:06:59 EST

38-60 Jv.1y 15, 1358 Dear Justice The Adviscry Conunittee on Judicial Ethics, a t its meetings of Xay 9, 1988, and June 13, 1988, considered your letter of A p r i l 20, 1988, requesting elarification of our previous Joint minion 88-17(a)55-25 (copy attached) W i t h respect to question 111 of your

88-63_.pdf

Mon, 07 Mar 2005 15:06:59 EST

88-63 June 7 ; 1988 Dear Judge at its meeting of PAY 9, 1988, considered your inquiry (88-63: dated May 2, 1988, concerning the ethical propriety of your writing a letter to the Probation Department, on behalf of a suspended court employee recently convicted of a crime, at the request of the employe

88-65_.htm

Mon, 07 Mar 2005 15:06:59 EST

Opinion 88-65. October 27,1988. Topic:. Town Justice serving as a civilian traffic dispatcher with a race track.. Digest:. A part-time town justice may serve as a civilian dispatcher with a race track, since he is employed and paid by the race track and is not a peace officer, although the Sheriff

88-66_.pdf

Mon, 07 Mar 2005 15:07:00 EST

Opinion 88-66 May 3, 1988 Digest: A judge may attend the dimer and accept the award provided the dinner is not a fund-raising event. Rules : 22 NYCRR 130.51b) minion: A fudge inquires whether he may properly attend a dinner sponsored by the.Boy Scout organization and accept an award at the dinner. S

88-67_.pdf

Mon, 07 Mar 2005 15:07:00 EST

OpSnLon 88-67 Jae 13, 1988 Digest: ? Town Jiitice m y serve as a part-time law clerk to a Family court Judge in the same county 2rovided any Family Court matters which originated in t?le inquiring Town Justice’s Court are referxed to a diferent Family Court Judge and pravided that the Town Justice o

88-68_.pdf

Mon, 07 Mar 2005 15:07:00 EST

83-68 July 15, 1983 Dear Xr. This is in response to your letter of May 5, 1988, requesting an ooinion about the propriety of the attorney-spouses of Cmrt Judges practicing before other judges 111 that court. The Rules of the Chief Administrator and the Code of Judicial Conduct do riot redre that a j

88-69_.pdf

Mon, 07 Mar 2005 15:07:01 EST

Dpinion 88-63 June i3, 1988 ViWCICiE CUSAAL. Digest: There is no ethical prohibitiio against dual employment by the Town Justice, but she should receive prior permissiio from the Chief Administraativ Judge to hold both positions. the Lief Judge; Section iOO.S(h) of the Rules of the Chief Administrat

88-70_.pdf

Mon, 07 Mar 2005 15:07:01 EST

inion 88-70 ;une 13, 1988 AN Digest : The Judges of the Housing Part of the Civil Court of the City of New York are entitled to request ethics opinions and receive the same consideration as other judges in connection with the Advisory Cornittee on judicial Ethics. $2@8.43[a) Glass Y. Thompson, 51 A.

88-72_.pdf

Mon, 07 Mar 2005 15:07:01 EST

OpiQiDn 33-72 June 13, 1938 Digest: A judge may not contribute money for a band for a politicca fundraising event. Rules : 22 NYCRR S100.7; Election Law S17-162. minion: A judge who is running for election inquires whether he may contribute $75.00 to assist in covering the cost of the music at a pol

88-75_.htm

Mon, 07 Mar 2005 15:07:01 EST

Opinion 88-75. June 13, 1988. Topic:. Propriety of a judge, who was a former County Social Services attorney, hearing small claims matters initiated by County Social Services Department in his court.Digest:. The judge may hear the small claims matters in view of the passage of eight years since leaving his

88-78_.pdf

Mon, 07 Mar 2005 15:07:02 EST

Opinion 88-78 Jurie 13, 1983 Digest: A judge should not hire a court employee who works under his supervision to perform personal work for him, eilen at a fair rate of pay, and even if such work does not interfere with court work, in order to avoid the possible appearance of impropriety. Rules : 22

88-79_.pdf

Mon, 07 Mar 2005 15:07:02 EST

88-79 k l y 15, 1988 Oear Justice This is in response to your letter of June 3, 1985, in which you request an opinion as to the appropriattenes of the inclusion of your resume and photogrrap in a brochure prepared by the university you attended. The purpose of the brochure is to advertise to the pub

88-80_.pdf

Mon, 07 Mar 2005 15:07:02 EST

88-80 July 14, 1988 uear Judge June 6, 1988, in which you request an opinion concerr.ing the propriety of your particinatinn in the activities of the "Friends of Fort Committee, which engages in lobbying to preserve Fort inquiry at its meeting of June 13, 1988, and determined that your participation

88-81_.htm

Mon, 07 Mar 2005 15:07:02 EST

Opinion 88-81. Sept 19, 1988. Topic:. Appearance of a part-time town justice, who is an attorney before another part-time justice, who is also an attorney, sitting in another county.Digest:. A part-time justice may appear before a part-time justice sitting in another county as long as otherA part-time Town Justice,

88-82_.pdf

Mon, 07 Mar 2005 15:07:03 EST

c?Finion 88-82 Sept. 13, 1988 ilises-c: City Court judge who is also a village attorney may proseccut vehicle and traffic and ordinance violations in khe town court, since the town court in question is presided over by non-lawyer judges . m: 22 NYCRR 100.5 Cminion: inquires whether he may prosecute

88-83_.pdf

Mon, 07 Mar 2005 15:07:03 EST

Opinion 88-83 Sept. 19, 1988 u1 Digest: A judge may not hear and decide a case in which rhe petitioner is the presiding judge of =he court. -le : 22 ~ C R R ~100.2(a) and 100.3(c) (1) ODinion: The siiple facts underlying this inquiry are as follows: the presiding judge owns several pieces of residen

88-84_.pdf

Mon, 07 Mar 2005 15:07:04 EST

38-84 October 7, 1988 Dear Justice 1308, in which you inquire whether you may hear traffic cases involving failure to stop a vehicle during tSe loading or unloaCing of a school bus operated by an employee of the Board of Education, of which you are a member. Section 100.2 of the Itules of the Chief

88-85_.pdf

Mon, 07 Mar 2005 15:07:04 EST

88-86_.pdf

Mon, 07 Mar 2005 15:07:04 EST

Opinion 88-85 Sept. 19, 1388 ~ - - -Digest: The judge may contrisute to this non-profit, non-partisan organization provided that he monitors its use of funds and its teachings cr philosophy. -Rule: 22 NYCRR S150.7 minion: money to a non-profit organization which conducts seminars, attended by social

88-87_.htm

Mon, 07 Mar 2005 15:07:04 EST

Opinion: 88-87. September 19,1988. Topic:. Attendance by a judicial candidate at a political dinner on behalf of another candidate.. Digest. A judicial candidate may purchase a ticket to and attend a political dinner held solely on behalf of another candidate.Rules. 22 NYCRR §100.7(a)1) 100.7(a)2) 100.7(b).

88-88_.htm

Mon, 07 Mar 2005 15:07:05 EST

Opinion 88-88. October 5, 1988. Dear Judge. This is in response to your letter of June 29,1988, in which you inquire whether you may serve on the Board of Directors of a not-for-profit corporation, the XXXXXX Institute, Inc. a training school run by a union.

88-89_.pdf

Mon, 07 Mar 2005 15:07:05 EST

wiaion 88-89 Sept. 19, 1988 a yuaiciai canaaate. Dlqast : Unexpended funds held by cam- ? ; ~ -ictee after payment of all campaign expenses may not be transferred to another committee to aid in trhe electiio of the judge to a higher judicial office. R* 22 ~YCRR g100.7(a)2)ii) Election Law S.14-130,

88-90.htm

Fri, 14 Apr 2006 14:16:55 EST

Opinion 88-90. September 19, 1988. Topic. Propriety of part-time village justice representing client before village zoning board of appeals or commencing Article 78 proceeding against the village.Digest. A part-time village justice ordinarily may represent a client before a village zoning board of appea

88-93.htm

Mon, 12 Dec 2005 17:51:42 EST

Opinion 88-93. September 19,1988. Topic:. May a New York State Court of Claims Judge accept a non-salaried position to serve as a village zoning board member?Digest. A State Court of Claims Judge may not serve as a member of a village zoning board.. Rules.

88-94_.htm

Thu, 31 Mar 2005 20:17:33 EST

Opinion: 88-94. September 19, 1988. Topic:. Judge assisting in obtaining governmental and foundation funds for non-profit and governmental agencies.Digest. A Family Court Judge may write a letter directly to a governmental agency or foundation in support of a non-profit or governmental agency’s program wh

88-95_.pdf

Mon, 07 Mar 2005 15:07:06 EST

Opinion 88-95 Sept. 19, 1988 Digest : Since eight years have passed siiLcs ,2= Judge worked at the feels he or she can be impartiial the judge need not Bisqualiy himself or herself from the case. 22 NYCRR §100.3 I firm, and provided the judge -Rule : Winion: York inquires whether the judge's employm

88-96_.pdf

Mon, 07 Mar 2005 15:07:07 EST

winion 88-95 sept. 19, 1988 Diqest: A part-time village justice may also be employed in a state depaaftment or agency provided that such employment is compatible with judicial office and does not conflict or interfere with the proper performance of the judge's duties. w: 22 NYCRR S§100.3[d) 100.5(h)

88-97_.pdf

Mon, 07 Mar 2005 15:07:07 EST

minion 88-97 sept. 19, 1988 Digest: A tam justice may serve as an officer of a Corporation doing kasiness in or out of his jurisdiction. -R u l e : N.Y. Constitution Art. 6, '2@1b)4) 22 NYCRR 55100.5 (c)l) and 100.5(h) ODinion: of a corporation which will build homes and commercial buildings. We con

88-98_.pdf

Mon, 07 Mar 2005 15:07:07 EST

Spinion 88-98 Sept. 19, 1988 Dicrest : Family Court Judges may serve on the board of directors of their residential cooperative, provided that they avoid giving legal or investment advice or participating in controversial decisions. 100.5(b) lOO.S(c)l) 100.5(2) Canons 2A, 2E of the Code of Judicial

89-02.htm

Mon, 12 Dec 2005 17:51:56 EST

Opinion 89-02. February 21, 1989. Dear Justice. This is in response to your letter of January 3, 1989, in which you inquire whether you should disqualify yourself in a case involving the violation of a town ordinance, when the matter concerning the issuance of the citation had been discussed previ

89-04_.pdf

Mon, 07 Mar 2005 15:07:08 EST

Opinion 89-04 Feb. 24, 1989 n p+e, . -IUYU. A judge should not write a character reference at the request of a criminal defendant. Digest: & 22 NYCRR 100.2(C) minion: write a character reference or submission to the district attorney in connection with the law clerk's plea bargain in a craminal proc

89-05_.pdf

Mon, 07 Mar 2005 15:07:08 EST

Opinicn 89-05 BY Feb. 24, 1989 campaign. An elected Justice of the Supreme Court who ran in an uncontested election may not have a committee formed after the election to raise funds to reimburse the Justice for costs incurred during the campaign, where the Justice has personally expended money to fu

89-06_.htm

Thu, 31 Mar 2005 20:17:33 EST

Opinion: 89-06. January 12, 1989. Topic:. Judge’s participating in a television game show.. Digest. A judge may participate in a television game show.. Rules. 22NYCRR § 100.5(a). A judge inquires as to the proprietary of his appearing on a television game show with his family. He would not be identified

89-07_.pdf

Mon, 07 Mar 2005 15:07:08 EST

r TC winion 89-07 -dan. 12, 1989 w, Digest: A judge may not penait an attorney who rents office space from the judge and who refers zases to the judge. to practice In the judge's court. w: 22 NYCRR 100.51f) miaim: A part-time judge inquires whether an attorney may appear before a part-time judge fro

89-08_.pdf

Mon, 07 Mar 2005 15:07:09 EST

opinion 89-00 m~ Feb. 24, 1989 A ea c-L. a Digest: A part-time justice who is a single practitioner may not share certain office facilities with a law firm with which the justice formerly was associated and thereby permit the members of that firm to appear betore . the co-justice in that justice's c

89-09_.pdf

Mon, 07 Mar 2005 15:07:09 EST

opinion 89-09 peb. 24, 1989 Digest : A part-time judge must recuse himself in any case handled by a member of his law finn, but need not recuse himself in cases where city attorneys appear. Rules: 22 NYCRR 55100.2; 100.5(f) -minion A part-time judge who is associated with a law firm headed by an ass

89-100_.pdf

Mon, 07 Mar 2005 15:07:09 EST

opinion 89-100 piaest: A judge is not dis-October 24, 1989 qualified where a son and daughter-in-law of another judge in that court appear as counsel before the judge, unless the judge feels that he or she will not be impartial, but a town justice of a two-justice court should make disclosure to the

89-101_.pdf

Mon, 07 Mar 2005 15:07:10 EST

Opinion 89-101 Digest: A judge need not prohibit the Sept. 12, 1989 member of the judge's personal judge's law assistant, who is a staff, from attending political fundraising events. Rules: Rules of the Chief Administratto of the Courts, section 100.3(b)S)ii) (22 NYCRR 100.3(b)5)ii) -minim: or not t

89-102_.pdf

Mon, 07 Mar 2005 15:07:10 EST

Opinion 89-102 October 24, 1989 W YCM 10007 p m : A town justice need not disqualify himself or herself in a case where one party's attorney is an associate in the law firm of the town supervisor, who is responsible for fixinq the town justice's salary, provided that the town supervisor has no inter

89-103_.pdf

Mon, 07 Mar 2005 15:07:10 EST

Opinion 89-103 Sept. 12, 1989 Digest : A village justice who also is a professor at a community college, may engage fully in the activities of the faculty association, but must do so within the framework of the law, includfng the Taylor Law. w 22 NYCRR 100.2(a) 111*7-Od.aion: A village justice who a

89-104_.pdf

Mon, 07 Mar 2005 15:07:11 EST

w Opinion 89-104 Digest: A judge who sits in both family Sept. 12, 1989 same county need not recuse court and county court in the because a proceeding comes before the judge in one court which involves basically the same persons and mst af the same issues involved in a prior proceeding before the ju

89-105_.pdf

Mon, 07 Mar 2005 15:07:11 EST

Opinion 89-105 Dioest: A village justice is disqualified from presiding Sept. 12, 1989 over a traffic violation case where the son of the acting village justice is a defendant. but is not disqualified where the son of the acting village justice is an attorney fpr a defendant, provided that the justi

89-106_.pdf

Mon, 07 Mar 2005 15:07:11 EST

R I ~ Opinion 89-106 Diqest: There is an appearance of impropriety where a part-time Sept. 12, 1989 town justice's spouse leases office space in a building the UI spouse owns to the lawyer-town justice spouse and also leases office space to another lawyer, who is a part-time district attorney, who s

89-107.htm

Mon, 12 Dec 2005 17:52:24 EST

Opinion 89-107. September 12,1989. Digest. A town justice standing for reelection cannot preside over any proceeding during the campaign in which the attorney who is the justice’s campaign manager appears; after the campaign, the justice should follow the guidelines for recusal and disclosure provided in prior Commit

89-108_.pdf

Mon, 07 Mar 2005 15:07:12 EST

inion 89-108 r sept. 12, 1909 P a : A judge of a countyleeve court may continue to own comnercial realty as a tenant-in-common, so long as the judge takes no active role in the management or operation of the premises. CJC Canon 5C w: 22 NYCRR 100.5(C)2) ooinion: A county judge (sitting by temporary

89-109.htm

Mon, 12 Dec 2005 17:52:49 EST

Opinion 89-109. September 12,1989. Digest. There is an incompatibility in a person holding the office of town justice and also holding the office of executive director of a private foundation that accepts referrals from the town court, providing in-patient and outpatient clinical treatment to defendants in need of su

89-11_.pdf

Mon, 07 Mar 2005 15:07:14 EST

m y opinion 89-11 1. Seb. 24, 1989 Digest : A sitting judge is prohibited from acting as co-chairman for a fund-raising dinner. - Rule. 22 NYCRR 100.5(b)2) minion: co-chairman of an annual fundraising dinner of a religious organization in honor of a guest speaker. permissible for him to accept the r

89-110.htm

Mon, 12 Dec 2005 17:54:13 EST

Opinion 89-110. September 12,1989. Digest. A Supreme court justice who owns tax free municipal bonds issued by the City of New York and various authorities need not recuse himself or herself from presiding over negligence actions commenced against the City or the authorities.Rules. 22 NYCRR 100.3( c)3)iv).

89-112.htm

Mon, 12 Dec 2005 17:54:14 EST

Opinion 89-112. September 12,1989. Digest. A town justice is not required to disqualify himself or herself from presiding over a proceeding, nor to make disclosure on the record, when the district attorney or an assistant district attorney appears before the justice, merely because the justice’s first cousin is an as

89-113_.htm

Mon, 07 Mar 2005 15:07:12 EST

Opinion 89-113. October 24, 1989. Digest:. A part-time appointed village justice may not participate in political activities.. Rules:. 22 NYCRR 100.7 Code; (Canons) of Judicial Conduct, Compliance section A (1). Opinion:. An acting village justice, who is appointed, inquires if it is permissible

89-115.htm

Mon, 12 Dec 2005 17:54:14 EST

Opinion 89-115. October 24, 1989. Digest. A town justice, upon request of the couple being married, may incorporate religious customs into a civil marriage ceremony.Rules. Code ( Canons) of Judicial Conduct; Rules of Judicial Conduct (22 NYCRR 100). A town justice states that on more than one occasi

89-116.htm

Mon, 12 Dec 2005 17:54:17 EST

Joint Opinion 89-116 and 89-121. October 24, 1989. Digest. A judge may be a member of a board of directors of a bar association which urges defeat of a judicial candidate in advertisements and press releases, provided that the judge does not participate in rating the candidate and that the judge requests tha

89-117.htm

Mon, 12 Dec 2005 17:54:18 EST

Opinion 89-117. October 24, 1989. Digest:. A judge who previously was employed as a county attorney may not preside over matters in which the judge formerly was the attorney of record, whether or not the judge personally had participated in the case. He may preside in matters in which he was not the attorney of recor

89-118.htm

Mon, 12 Dec 2005 17:54:19 EST

Opinion 89-118. October 24, 1989. Digest. A judge may not serve as the executor of the estate of a close family friend.. Rules. 22 NYCRR 100.5(d). A judge inquires whether he may properly serve as executor of an estate of a close family friend, with whom he has socialized for many years. Their pa

89-119.htm

Mon, 12 Dec 2005 17:54:19 EST

Opinion 89-119. October 24, 1989. Digest. A judge may rate an attorney’s legal abilities for confidential use by a legal publication.. Rules. 22 NYCRR 100.2( c). A judge asks whether it is proper for a judge, at the request of a legal publication, to complete a form rating attorneys’ legal abilities for confide

89-12_.pdf

Mon, 07 Mar 2005 15:07:17 EST

R, u &pinion 89-12 " Feb. 24, 1989 Digest: Partners and associates, including an attorney-daughter of a part-time judge, may practice law before any other part-time judge of another village, town or city court within the same county. A part-time judge may allow his name to be listed on the letterhea

89-121.htm

Mon, 12 Dec 2005 17:54:20 EST

89-122_.pdf

Mon, 07 Mar 2005 15:07:15 EST

I Opinion 89-122 Diaeet: A judge may not October 24, 1989 permit the use of the judge's nane for a fundraising project for the purchase of books for a collectiio in the judge's name for a bar association library. w: 22 NYCRR 100.5(b) (2) minion: dedication of a collection of American law books to be

89-123.htm

Mon, 12 Dec 2005 17:54:21 EST

Opinion 89-123. October 24, 1989. Digest. A judge may not permit a photographer to use the judge’s portrait on the photographer’s business card.Rules. 22 NYCRR 100.2( c). A judge inquires whether it would be appropriate for a photographer to use a photograph taken of the judge standing in front

89-124.htm

Mon, 12 Dec 2005 17:54:22 EST

Opinion 89-124. October 24, 1989. Digest. A Family Court judge may not sign a ceremonial certificate commemorating the opening of an adoption agency.Rules. 22 NYCRR 100.5(b). A Family Court judge seeks an opinion as to the propriety of signing a ceremonial certificate commemorating the opening of a

89-125_.pdf

Mon, 07 Mar 2005 15:07:16 EST

Opinion 89-125 Diaest: A judge naming for election Oct. 24, 1989 to print a pamphlet endorsing W MY permit the Democratic party the judge. Rule: 22 NYCRR 100.7 -ORiniOn: A judge running for re-election inquires whether it is proper for the Democratic party to print the judge's photograph and endorse

89-126_.pdf

Mon, 07 Mar 2005 15:07:16 EST

minion 89-126 w: Elections -An incumbent town justice may not take a leave of Dec. 5, 1989 absence to campaign for an elective non-judicial office. Judicial Conduct, Canon 7A13) N Rules: 22 NYCRR 100. of Code of Winton: ?r town justice inquires whether he may take a leave of absence from his judicia

89-127_.pdf

Mon, 07 Mar 2005 15:07:16 EST

UN Opinion 89-127 p m : A judge xay preside Dec. 5, 1989 in criminal matters UI district attorney's prosecuted by the office, although the judge's son serves in that office as a part-time assistant district attorney, provided that the judge's son does not personally appear; affirmative disclosuur no

89-128_.pdf

Mon, 07 Mar 2005 15:07:16 EST

Opinion 89-128 m: A judge may not Dec. 5, 1989 coordinate a charity drive to collect food for the homeless. m: 22 NYCRR U)Oi5(b) (2) ODinion: in a campaign for the Boy Scouts to collect canned food for the homeless. The main function of the coordinator is to contact boy scout troops to request their

89-129_.pdf

Mon, 07 Mar 2005 15:07:16 EST

inion 89-129 Digest: A town justice may appear ri I carry out court functions. before a town board meeting to Dec. 5. 1989 request additional funds to *UN -Rules: 22 NYCRR 100.4(b) opinion: appear at a town board meeting to advise the board of the increased workload of the court and to request addit

89-13_.pdf

Mon, 07 Mar 2005 15:07:20 EST

Opinion 89-13 Zeb. 24, 1989 Digest : A judge shall disqualify himself or herself for a reasonable period of time depending on the circumstances, perhaps two years, after the termination of an attorneycliien relationship where the judge represented the attorney. He or she must thereafter disclose the

89-130_.pdf

Mon, 07 Mar 2005 15:07:17 EST

pinions 89-130 Digest: A full-time judge may own an Dec. 5, I989 real property, provided that interest in a mortgage upon the judge takes no active role in the management of the investment and is not a general partner; filing of partnership tax return witb IRS is not determinative of statu under Rul

89-132_.htm

Mon, 07 Mar 2005 15:07:17 EST

Opinion 89-132. January 18, 1990. Digest. A full-time judge may not serve on a congressman’s advisory committee which recommends candidates for appointment to military academies.Rules. 22 NYCRR 100.4(b) 100.5 (g). The question proposed is whether a full-time judge may serve as a member of an advisory board establ

89-133_.pdf

Mon, 07 Mar 2005 15:07:18 EST

ERIN y opinion 89-133 Digest: A full-time judge may serve as president of the board of Dec. 5, 1989 directors of a residential MAN COO^ -Rules : NYCRR 100.5(b) 100.5(2) minion: A full-time judge inquires whether he may serve as a member or president of the board of directors which manages the cooper

89-134_.pdf

Mon, 07 Mar 2005 15:07:18 EST

W YORK 10007 I Opinion 89-134 piaest: A newly-elected judge Dec. 5, 1989 may collect legal fees earned prior to assuming the office, and may work out any fair arrangement with his former law firm to handle the bookkeeepin expenses. m: 22 WCRF? 8 100.2(a) 0 100.5(c)l) and 2 22 NYCRR m: A newly electe

89-136_.pdf

Mon, 07 Mar 2005 15:07:18 EST

Opinion 89-136 Dioest: Prior to assuming Dec. 5, 1989 judicial office, a judge must terminate his law practice and remove his name from the masthead, but may attend political functions for six months after the date of election. section 20(b) (4) i Code of Judicial Conduct, Canon 5 ( f) ; 22 NYCRR 10

89-137_.htm

Mon, 07 Mar 2005 15:07:19 EST

Opinion 89-137. December 5, 1989. Digest. A part-time City Court judge may handle an appeal for a private party in an action where the municipality where he sits as judge is a party defendant stakeholder in the action under appeal.Rules. 22 NYCRR 100.2 (a). A part-time City Court judge who is an attorney in

89-139_.pdf

Mon, 07 Mar 2005 15:07:19 EST

inion 39-139 Digest: A judge may serve as chair of the committee on law for a Dec. 5, 1989 fraternal order provided that i5 his duties do not require the judge to give legal advice to the organization or to any of its members. the Code of Judicial Ethics m Rules : 22 NYCRR 100.5(b) Canon 5B of minia

89-142_.pdf

Mon, 07 Mar 2005 15:07:20 EST

N opinion 89-142 January 18, 1990 Y I TUlS I W J piaest: A part-time town or village justice may appoint his wife as court clerk provided that he obtains the prior permission of the Chief Administrator of the Courts. A part-time judge may not authorize the court clerk to sign his name in judicial di

89-143_.pdf

Mon, 07 Mar 2005 15:07:20 EST

89-143 January 5, 1990 Dear Judge Ethics, at its meeting of December 5, 1909, considerre your inquiry (09-143) dated November 20, 1909, concerning the propriety of a county judge serving as a member of a community services board under Mental Hygiene law Sections 41.13 and 41.03(6) As judge, you refe

89-144_.pdf

Mon, 07 Mar 2005 15:07:20 EST

opinion 89-144 Dec. 5, 1989 lcw Tbmn l W /Dicrest: An appellate judge may employ a daughter of trial judge as law clerk, provided that the appellate judge recuses himself in cases where the law clerk's parent is invollved m: 22 NycRR 100.2(a) Ooinion: whether it is permissible to employ the daughter

89-145.htm

Fri, 23 Dec 2005 20:28:01 EST

OPINION 89-145. January 5, 1990. The Advisory Committee on Judicial Ethics, at its meeting of December 5, 1989, considered your inquiry (89-145) dated November 28, 1989, requesting an opinion as to the propriety of attending a realtors’ association convention for the purpose of administering the oath of off

89-146_.pdf

Mon, 07 Mar 2005 15:07:21 EST

January 5, 1990 Dear Justice Ethics, at its meeting of December 5, 1989, considered your inquiry (89-146) dated December 1, 1989, concerning the propriety of hosting a regularly scheduled television show about the law, including court procedures. provided that you do not comment on any matters pendi

89-147_.pdf

Mon, 07 Mar 2005 15:07:21 EST

pinion 89-147 Digest: A town justice may serve on the Dec. 5, 1983 fire department and as a member board of directors of a local of a county plumbing board. w: 22 NYCRR 100.5(h) r.me"w 2l1U7~2000 Opinion: board of directors of a local fire department and as a member of a county plumbing board. Admin

89-148_.pdf

Mon, 07 Mar 2005 15:07:21 EST

Y Yma io007 Opinion 89-148 Diqest: A part-time judge January 18, 1990 offenders who have may communicate with alleged traffic not appeared to answwe traffic tickets, to warn of the possiibl consequences of not responding to a ticket; however it is preferable that the clerk of the court alone sign th

89-149_.pdf

Mon, 07 Mar 2005 15:07:22 EST

Opinion 89-149 January 18, 1990 Diqest: A judge should recuus himself from cases handled by a former law partner and current costockkholde in a corporation, but may hear cases handled by other attorneys in his former partners' new law firm, provided that no party objects. Rules : 22 NYCRR 100.2(a) 1

89-15_.pdf

Mon, 07 Mar 2005 15:07:24 EST

By ' opinion 89-15 deb. 24, 1989 Digest: A judge may not furnish a letter of reference to a bank to assist a friend i n obtaining a bank loan. 22 NYCRR S100.2(C) -Rule : . minion: A judge advises that a friend has a new 'business about sixponths old, and that the business needs financing. The friend

89-150_.pdf

Mon, 07 Mar 2005 15:07:22 EST

8 opinion 89-150 January 18, 1990 Diqest: Judges may participaat in a settlement project sponsored by the local bar associaatio where judges will attetnpt to settle cases referrre by the court. Canon 5 of the Code of Judicial Conduct. Rules : 22 NYCRR 100.5(e) mini on : mediators in a program sponso

89-151_.pdf

Mon, 07 Mar 2005 15:07:22 EST

Opinion 89-151 January 18, 1990 Digest: A city court judge may preside over a case invollvin members of the police department and the city. Rules : 22 NYCRR 100.3(c) minion : A city court judge inquires whether he may preside over small claims actions brought by members of the city police department

89-152_.pdf

Mon, 07 Mar 2005 15:07:22 EST

Opinion 89-152 January 18, 1990 Diqest: Unexpended campaign funds of a candidate for judicial office may be returned to the donors or used for a modest victory celebration, but may not be used to reimburse the candidaat for personal expenses. 22 NYCRR 100.7(b) Code of Judicial Conduct, Cannon -Rules

89-153_.pdf

Mon, 07 Mar 2005 15:07:23 EST

Opinion 89-153 auest: A part-time judge, JMWW 18, 1990 who is engaged in a business enterprise with a detective, should disqualify himself in proceedinng where the detective is a party or a witness. 22 NYCRR . m a - , pales : QE&ahn: A part-time judge inquires whether a conflict of interest exists w

89-154_.pdf

Mon, 07 Mar 2005 15:07:23 EST

1 Opinion 89-154 April 5, 1990 L. . .I Digest : On the particular facts presented, a judge should disqualify himself in all matters handled by attorneys who previously had testified at a hearing involving the judge before the Coamnission on Judicial Conduct where the hearing resulted in a public cen

89-155_.pdf

Mon, 07 Mar 2005 15:07:23 EST

opinion 89-155 iuI January 18, 1990 - Digest: A part-time judge may serve as vicechaiirma of a county solid waste c d s -sion, as a secretary to a town fire distriict and as a chair of the annual school board meeting for the presentation of the school budget. Rules : 22 NYCRR 100.5(b) Opinion: wheth

89-156_.pdf

Mon, 07 Mar 2005 15:07:24 EST

Opinion 89-156 ' January 18, 1990 Diqest: A part-time judge may serve as chairmma or as a member of the county's fire advisory board. and (h) Rules : 22 NYCRR 100.5(b) Opinion: permissible to serve as chairman or as a member of the county fire advisory board. The fire advisory board is composed of u

89-16_.pdf

Mon, 07 Mar 2005 15:07:25 EST

N Opinion 89-16 Feb. 24, 1989 Eisest : A judge may not participate in fundraising activities by telephoning members of a philanthropic organization, of which the judge is on the board of directors, to encourage attendance at a fundraising breakfast. Rule: 22 NYCRR 100.5(b)21 -inion as a director of

89-160_.pdf

Mon, 07 Mar 2005 15:07:24 EST

N Opinion 89-160 January 18, 1990 1 . .l Diqest: A part-time judge, who is also an attorrney may represeen a charity and hold funds for the charity in an escrow account. The judge may not pennit an attorney to whom he rents office space and who handles legal work for the judge, to practice before th

89-17_.pdf

Mon, 07 Mar 2005 15:07:25 EST

inion 89-17 m F& 24, 1989 Digest: There is no per se disqualificattio of a candidate or village justice who is employed by the State Department of Correctional Services. 22 NYCRR SlOO.S(h) -Rule : W Y Smn-RE ai M-ZOW dn.ion: A cadidate or village justice requests an opinion concerning any ethical pr

89-18_.pdf

Mon, 07 Mar 2005 15:07:25 EST

pinion 89-18 Feb. 24, 1989 Diaest: A judge's participarion as a bus boy clearing tables after a fraternal organization's fundraiisin supper does not constitute prohibited fundraising activity. 22 NYCRR §100.5(b)2) -Rula : Opinion: A town justice is a member of a fraternal organization which conducts

89-19_.pdf

Mon, 07 Mar 2005 15:07:25 EST

Y Opinion 89-19 Feb. 24, 1989 y.u Digest: A town justice who also is a carpenter may remodel the town court for the town. Rules : 22 NYCRR /00.5(c) and (h) -gpinion: k part-time town justice, who is a carpenter, inquires The The total whether the town may pay him for remodeling the town court. remod

89-21_.pdf

Mon, 07 Mar 2005 15:07:26 EST

Opinion 89-21 Feb. 24, 1909 m Digest: Judges may not raise funds for any scholarships or permit their names to appear on the letterhead of fundraising materials. -Rules: 22 NYCRR 100.5(b)21 minion: unaergraduate university paralegal studies program inquires whether he may participate in raising fund

89-22_.pdf

Mon, 07 Mar 2005 15:07:26 EST

inion 89-22 Feb. 24* 1989 Diciest: A judge may not Serve as a paid consultant to any profitorieente business enterprise, including a television series. Rule : 22 NYCRR 100.5(2) -Opiaion: as a paid consultant on his own time for a weekly dramatic series about the court system $nd judges on network te

89-23_.pdf

Mon, 07 Mar 2005 15:07:26 EST

89-23 March 20, 1989 Dear Justice telephone by the Administrative Assistant to the Advisory Committee on Judicial Ethics, the Conunittee, at its meeting on February 24, 1989, considered your inquiry (89-23) of February 22, 19d9, concerning the propriety of your accepting an invitation to attend a fo

89-24_.pdf

Mon, 07 Mar 2005 15:07:26 EST

w i n i o n 89-21 W m y 25, 1989 I Digest: A county magistrates' association or its members should not participate in the preparation of a directory of its members to be prepared and distributed by a profit-making firm, where the directory contains commercial advertising and is prepared and distribu

89-25_.pdf

Mon, 07 Mar 2005 15:07:27 EST

winion 89-25 May 25, 1989 I Diaest i A judge may not accept a gift or benefit of more than $50 in value for solemnizing a marriage outside the courthouse during non-court hours. Municipal Law; 22 NYCRR 100.5(c) (5, ; section 235, Penal Law Rules : Section 805-b of the General minion: unsolicited gif

89-26_.pdf

Mon, 07 Mar 2005 15:07:27 EST

inion 89-26 n April 4, 1989 I Digest: A judge may not participate in the activities of a poiitical club, even if the activities are non-political. Rules : 22 NYCRR 100.7(a) and (d) -OPINION: The COlrmLittee is asked whether a judge may participate in a high school contesr sponsored by a political cl

89-27_.pdf

Mon, 07 Mar 2005 15:07:27 EST

inion 69-27 m April 4, 1989 i - itigest: A justice may preside over a proceeding in which the municipality in which the justice sits has brought the suit. Rules: Code of Judicial Conduct, Caruion 3; NYCRR 100.3(c) 100.3(c)i) 100.3(d) million: The question posed is whether it is permissible for the m

89-28_.pdf

Mon, 07 Mar 2005 15:07:27 EST

pinion 84-28 T April 4, 1989 Disest : A town justice who formerly was a town constable may not retain membership in the county constables' association. Rules : 22 mm 100.2Ia) -minion: whether he may rerain membership in the county constables' association. The members of the association meet once a m

89-29_.pdf

Mon, 07 Mar 2005 15:07:28 EST

d i n i o n 89-29 llPl AprU 4, 1989 5 D i a e s t : A judge must disclose the fact on the record where an attorney who appears before him represents or represented the judge's minor son. Upon consent of the parties appearing in the action, the judge may continue to preside in the exercise of his or

89-30_.pdf

Mon, 07 Mar 2005 15:07:28 EST

Yay 11, 1989 Dear Justice The Advisory Committee on Judicial Ethics agrees that your inquiry (89-301 is covered by previous Conunittee Opinion 87-25, a copy of which is enclosed. ethical prohibition to your serving as a member of the associate counsel staff to the New York State Assembly Committees

89-31_.pdf

Mon, 07 Mar 2005 15:07:29 EST

89-33_.pdf

Mon, 07 Mar 2005 15:07:29 EST

Wpinion 89-33 April 4, 1989 - _Diuest : It is not inappropriate or a Supreme Court Justice to permit his or her law clerk to serve as a volunteer arbitrator in Small Claims court. S25.37 (22 NYCRR 25.37) Rule : Rules of the Chief Judge, -minion: interest arise by a law clerk to a Supreme Court Justi

89-34_.pdf

Mon, 07 Mar 2005 15:07:29 EST

nopinion 89-34 April 4, 1989 r - -I. Digest: Before assuming the office of Family Court judge the nominee . must terminate his law practice as an individual and member of a firm. -Rule : N.Y. Const. Art. 6 Section 20(b)4) Code of Judicial conduct, Cannon 5(f) 22 NYCRR section 100.2(a)c) minion: The

89-36_.pdf

Mon, 07 Mar 2005 15:07:30 EST

opinion 89-36 v April 4, 1989 a* Diaest : A judge may not hear a case where the judge is even a minimal shareholder in a large corporate party to the controverrsy there are no exceptions for such shareholders that are comparable to the exceptions for owners of government securities. Therefore, a jud

89-37_.pdf

Mon, 07 Mar 2005 15:07:30 EST

May 11, 1989 _ . -war Judge The Advisory Cormnittee on Judicial Ethics, at its meeting of April 4, 1989, considered your inquLry (89-37) dated March 9, 1989, concerning the need for your disqualification or disclosure on the record whenever the attorney (or the attorney's law firm) appears before yo

89-38_.pdf

Mon, 07 Mar 2005 15:07:31 EST

trvlcpinion 89-30 m L P May 25, 1989 U' Diaest: Full-time judge may riot complete unfinished legal services performed for an estate before the judge assumed judicial office, although no court appearances are necessary and the remaining tasks are more ministerial than legal in nature. Code of Judicia

89-39_.pdf

Mon, 07 Mar 2005 15:07:31 EST

pinion 89-39 April 4, 1989 -c-Digest: A judge may participate and be honored at a bar association dinner party funded by the proceeds of a journal published in connection therewith, which notes the judge's appearance as the association's honoree. 22 NYCRR Section 100.4(c) and Section 100.5(b)2) Rule

89-40_.pdf

Mon, 07 Mar 2005 15:07:31 EST

inion 89-40 April 4, 1989 pigest: A town justice may serve as a hearing officer where such service is occasional, whether colapensated or uncompensated, in a disciplinary proceeding brought by a county or county department against a county employee pursuant to section 75 of the Civil Service Law, wh

89-43_.pdf

Mon, 07 Mar 2005 15:07:31 EST

stmopinion 89-43 April 4, 1989 T uy p . -u - - -u- Digest: A town justice who is an announced candidate, during the period of the justice's own candidacy prescribed by the rules, may serve as a master of ceremonies for a political dinner of the candidate's political party featuring as speakers the o

89-44_.pdf

Mon, 07 Mar 2005 15:07:32 EST

Joint opinion 89-44; January 18, 1990 89-60 .N. 0-r Diqest: A part-time judge may not represent a private client before the town's zoning board of appeals, but the judge's law partners or associates may represent such clients. Rules : 22 NYCRR 100.2(b) 100.3; 100.5(h) Opinion: Part-time judges, who

89-46_.pdf

Mon, 07 Mar 2005 15:07:32 EST

winion 89-46 May 25, 1989 r Diuest: A judge may attend a fundraiisin dinner to benefit a legal services organization and may contribute to the organizatiion since mere attendance and contributiondo not involve participation in fundraising for this organization by the judge, and it is of no moment th

89-48_.pdf

Mon, 07 Mar 2005 15:07:32 EST

Opinion 89-48 may 25, 1989 Diaest! A judge may not contribute to or participate in a spouse's political campaign, and may not, in a year when the judge is not a candidate for office, escort a candidate spouse to politically-sponsored events, but may escort spouse to civic or social events during spo

89-49_.pdf

Mon, 07 Mar 2005 15:07:32 EST

ogiuion 89-49 May 25, 1989 r YY Digest: It is improper for any judge to participate in a fund-raising event, notwithstanding its coxmendable purpose. 22 NYCRR Sec. 100.5(b)2) Rule : -I-a& A town justice has inquired whether it would be proper to serve on a steering CQrmDittee whose purpose it is to

89-50_.pdf

Mon, 07 Mar 2005 15:07:33 EST

pinion 89-50 May 25, 1989 Diaest: A judge, instead of accepting a remuneration or gift for having solemnized a wedding, may suggest a contribution t o be made to a charity of the couple's choice, but not in the judge's honor, but may not suggest or designate any specific charity as recipient. 22 NY-

89-52_.pdf

Mon, 07 Mar 2005 15:07:33 EST

w o n 89-52 May 25, 1983 . Diaest: A judge may write a letter supporrtin funung by a gwernmeaata agency of a private organization engaged in alcohol rehabilitation programs, which accepts court referrals. Sections 1 0 0 . 5 ( ~ ) ( 2 ) an8 100.4(c) of the Rules of the Chief Administracor of the Cour

89-53_.pdf

Mon, 07 Mar 2005 15:07:33 EST

pinion 09-53 ' May 23, 1989 Diaest k It would not be improper for a judge to render help selling food and soda at a Little League game refreshment starid, unless the items are sold above the normal price-as a fundraisee for tlse Little League 01: for a Little League team. Rule : 22 NYCRR Sec. 100.5(

89-54_.pdf

Mon, 07 Mar 2005 15:07:34 EST

inion 89-54 * May 25, 1989 I a mea piaest: While a judge is required to report substantial ethical misconduct by an attorney to appropriate aisciplinary authorities, necessarily the judge first must exercise reasonable judgment to determine whether a substantial ethical violation, in fact, was csmai

89-55_.pdf

Mon, 07 Mar 2005 15:07:34 EST

June 16, 1989 Dear Justice at its meting of May 25, 1989, considered your inpuiry (89-55) of April 14, 1989, and concluded that section 100.7 of the Judicial Cotduct Rules of the Chief Administrator of the Courts (22 NYCRR 100.71 precludes a part-time judge from making a contribution to a political

89-56_.pdf

Mon, 07 Mar 2005 15:07:34 EST

Opinion 89-56 ,pay 25, 1989 Diuest: A part-time judge may serve as chair of the board of a military reunion group, but not as editor of its newsletter, if the newsletter is used for fundraising, and, as chair of the bdard, the fudge may not permit the use of the judge's name for fundraising. Rules:

89-57_.pdf

Mon, 07 Mar 2005 15:07:34 EST

m opinion 69-57 aay 25, 1989 Digest : A judge may not serve as a volunteer bingo worker at a civic center to support a hockey league because such service constitutes impermissibbl participation in fundraisiin activity. Rules : 22 NYCRR 100.1, 100.2, 100.5(b)2) -ODiniOn: A part-time judge asks whethe

89-58_.pdf

Mon, 07 Mar 2005 15:07:35 EST

Iu opinion 89-58 I 'JMar 25, 1989 Digesti A judge may be a member of a local chapter of a conservation organization provided he or she does not solicit funds, or allow his or her name to be used in connection with fundraissing or speak or preside at any fundraising event. Rules : 22 NYCRR §100.5(b)

89-59_.pdf

Mon, 07 Mar 2005 15:07:35 EST

Opinion 89-59 Diciest: Representation by a part-time town justice who is a lawyer of of land to the justice's municipality would create the appearance of impropriety on the part of the town justice-attorney. u: 22 NYCRR 100.21a) and 100.5(h) Code of Judicial Conduct, Canon 2. Sept. 12, 1989 a landow

89-60_.pdf

Mon, 07 Mar 2005 15:07:36 EST

89-61_.pdf

Mon, 07 Mar 2005 15:07:36 EST

inion 89-61 RIV May Zf, 1989 I I - -I -Diqestr Advisory Cdttee will 9ntertain inquiries from Family Court Hearing Examiners; Heariin Exaainer should not permit his name to appear on commemoraativ mug sold at fundraising affair, because this constitoote impermissible participation in fundraising. -Ru

89-62_.pdf

Mon, 07 Mar 2005 15:07:36 EST

DI z q i n i o n DL 89-62 -May 25, 1989 uwm OQI -YDiaaes : Depeading on all the facts and circumstances of their prior relationship as partners, a judge should consider continued recusal from cases wherein the judge's former partner or the former partner's new associates represent a party, until suc

89-63_.pdf

Mon, 07 Mar 2005 15:07:37 EST

opinion 89-63 TBBIE: -Dicrrr+ The Comittee will respond to 8thical inpukies froa Judicial H e a r i n g Officers (Os) : a JHO nay participate as attorney and receive a fee in a contested proceeding that 'is not commencee in the court in the county where the JHO serves; but cannno do so with respect

89-64_.pdf

Mon, 07 Mar 2005 15:07:37 EST

a* I Opinion 89-64 my 25, 1989 "I I .Diaest: It would not be improper for a judge to serve as president of an area Jaycees, provided that the judge does not participate in soliciting funds for the Jaycees or permit the use of the prestige of judicial office for that purpose. -Rule : 22 NYCRR sec. 10

89-65_.pdf

Mon, 07 Mar 2005 15:07:37 EST

aopinion 89-65 May 25, 1989 &L-Dioest : In view of the lapse of 14 years since the justice was a law partner to the proposed appointee, there is no prohibitiio to the justice's appointmeen of the former partner as a fiduciary, but the justice should confonn carefully to the requirements of Part 36 o

89-66_.pdf

Mon, 07 Mar 2005 15:07:37 EST

a* r Opinion 89-66 May 25, 1989 uy Diaest : A judge may participate in moot court activities designed to teach students and the public concerning the law and the legal system. Rules : 22 NYCRR 100.4, 100.4(a) -minion: A judge asks about the propriety of participating in a moot court exercise, initia

89-67_.pdf

Mon, 07 Mar 2005 15:07:38 EST

d i n i o n 89-67 n May 25, 1989 I Y. Diuest: AS of the date of this Opinion, a judge need not file a report under the Chief Administrator Is Rules of Judicial Conduct with respect to income received for legal services completed prior . to the judge's assuming judicial office, or with respect to inc

89-68_.pdf

Mon, 07 Mar 2005 15:07:38 EST

pinion 89-68 ' May 25, 1989 Diuest: A town justice may write an article for a local weekly newspaper explaining new provisions of law involving fines and surcharges relating to vehicle and traffic matters, provided that the commentary does not cause doubt as to the justice's capacity to decide impar

89-69_.pdf

Mon, 07 Mar 2005 15:07:39 EST

Opinion 89-69 Digest : Part-time attorney-village justice may represent clients courts within the same county where the town justices are not attorneys, if one of the town justices is appointed as an acting village justice of the seme village, provided that the attorney's cases always are presided o

89-70_.pdf

Mon, 07 Mar 2005 15:07:39 EST

Do1 =pinion 89-70 ,Way 25, 1909 nea luotcI 1 & ~ . _ _I. Diaest: There is no prohibition against a judge who is permitted to practice law from serving as village justice in a county where his law partner is a part-time assistant district attorney, but the partner may not practice law in the justice'

89-71_.pdf

Mon, 07 Mar 2005 15:07:39 EST

pinion 89-71 n May 25, 1989 I U I Y -Digest: An acting village justice may initiate an accion on a personal claim in the small claims part of the town court having jurisdiction thereof, notwithstanding the fact that he is known to and knows both judges of that court. Rule : 22 NYCRR Part 100 -minion

89-72_.pdf

Mon, 07 Mar 2005 15:07:39 EST

By I Opinion 89-72 May 25, 1989 .A _ _ -There is no ethical violation in a town justice also serving as a village trust@e of a village wholly incorporated within the town, where the town and village maintain separate courts; the Committee does not address any legal questions. 22 NYCRR 100.6(f) yu Di

89-73_.pdf

Mon, 07 Mar 2005 15:07:40 EST

d i n i o n 89-73 , May 25, 1989 an is a _ Digest : A judge, on the judge's own initiative or at the request of- lawyer awaiting sentencing on t felony conviction, or a lawyer seeking reconsideration of disbannent, or at the request of counsel to such lawyers, may not write a character reference let

89-74_.pdf

Mon, 07 Mar 2005 15:07:40 EST

inion 89-74 Digest: Judge who receives letter frola N Sept. 12, 1989 associate of another attorney I who represented a criminal w defendant sentenced by judge, which letter demands explanation of reasons for sentence, should report attorney to disctplinary committee if judge concludes that attorney

89-75_.pdf

Mon, 07 Mar 2005 15:07:40 EST

pinion 89-75 Diuest: Judge must report to sept. 12, 1989 apparent misconduct of lawyer appropriate authorities if judge believes misconduct was substantial. -Rules: 22 NYCRR 100.3(b)3) Ops. Adv. C- Jud. Bthics 89-54, 89-74, 88-85-88-103 minion: evidence was adduced that a lawyer, acting as a notary,

89-76_.pdf

Mon, 07 Mar 2005 15:07:41 EST

EUmN Lm Es L Opinion 89-76 Digest: A judge whose spouse proposes to contest the probate of the k e p t . 12, 1989 will of the spouse's deceased . parent may testify as a witness in a Surrogate's Court proceediin as to the judge's conversatiion with the decedent ahd the judge's observations of the de

89-77_.pdf

Mon, 07 Mar 2005 15:07:41 EST

mQpinion 89-77 Diaest: A County Court judge may serve I as a non-voting member of a Oct. 24, 1989 committee which recommends uy county public defender. candidates for appointment as 22 NYCRR 100.4(c) -Rule : ovmon: A County Court judge asks whether the judge may serve as a non-voting member of a con

89-79_.pdf

Mon, 07 Mar 2005 15:07:41 EST

nopinion 89-79 Sept. 12, 1989 RK, NEW YCXIK 1m7 Diqest: A judge may publicly discuss a complaint lodged against the judge with the Conuaission on Judicial Conduct, which subsequeentl was dismissed, since a judge may waive the right to confidentiality regarding proceedings on complaints filed against

89-80_.pdf

Mon, 07 Mar 2005 15:07:41 EST

inion 89-80 Diaest : The partners of a Judicial Hearing Officer are not Sept. 12, 1989 prohibited from practicing in any contested matter in a court in a county where the Judicial Hearing Offices serves on the Judicial Hearing Officer panel for such court. 22 NYCRR 122.10(c) opinion 89-63 _I -Rule :

89-82_.pdf

Mon, 07 Mar 2005 15:07:42 EST

Opinion 89-82 January 18, 1990 I Digest: A part-time town judge may not serve as a member of a village zoning or planning board, where cases invollvin violations of village zoning regulations are handled in the town court. Rules : 22 NYCRR 100.2(a) l00.5(b) (1) %fin c f h l -opinion : a judge may se

89-83_.pdf

Mon, 07 Mar 2005 15:07:42 EST

Joint Opinion Diaest: A judge (or a family court 89-83 hearing examiner) may serve as 89-84 an usher during a religious service at a house of worship, passing a collection basket or plate. sept. 12, 1989 even where such service entails -Rules. 22 NYCRR 100.2, 100.5(2) ODiniorl: A judge and a family

89-85_.pdf

Mon, 07 Mar 2005 15:07:42 EST

wl Opinion 89-85 Digest : A part-time town justice may not represent a party in its &t. 24, 1989 negotiations with the town in whicl-2= = =he is a justice. Rules : 22 NYCRR 100.2(a) 100.5(h) O&don: private practice, asks whether the justice may represent a client in a real estate negotiation with th

89-86_.pdf

Mon, 07 Mar 2005 15:07:43 EST

umlOpinion 89-86 Digest: Provided that the judge's Sept. 12, 1989 university alumni association i luncheon does not involve fund HUN raising or otherwise interfere with judicial duties, a judge may so act. 22 NYCRR 100.5(a)b) function as host of a m R -Rules : ODinion: a university alumni associatio

89-87_.pdf

Mon, 07 Mar 2005 15:07:43 EST

lopinion 89-87 Digest: (1) Absent any particular Sept. 12, 1989 personal bias, the mere fact . circumstances indicating a that an acting village justice and a village attorney both are lkmployees*l of the village does not give rise to a disqualifyiin relationship so as to require the acting justice'

89-88_.pdf

Mon, 07 Mar 2005 15:07:43 EST

raspinion 89-88 Digest: Judge whose former client is I police officer who requests Sept. 12, 1989 judge to sign warrants of arrest and who appears as a witness in cases in judge’s court should follow the same criteria as to recusal and disclosure as required w@re attorney was former client of judge

89-89_.pdf

Mon, 07 Mar 2005 15:07:44 EST

pinion 89-89 ' Sept. 12, 1989 IAN . . . Digest: A judge may sign a nominating petition to place names of individuals on an electoral ballot in any year, whether or not the judge is standing for election in that year, and may, if the Election Law permits, sign his or her own petition in a year when t

89-91_.pdf

Mon, 07 Mar 2005 15:07:44 EST

inion 89-91 Diaest: A judge who was co-chair of a T Sept. 12, 1989 Y. special bar association committee studying problems of the criminal justice system befcz: -zz*ing the bench may continue to serve in that position and may appear at public hearings before legislative or executive conunittees to ur

89-92_.pdf

Mon, 07 Mar 2005 15:07:44 EST

Opinion 89-92 Sept. 12, 1989 IN iN Digest : A judge may not be the honorary chair of a charitable fundraiisin arts festival regardlees of how the proceeds are raised, and even if the public is admitted free and the judge's name is omitted frsm the monetary solicitations sent to participating vendors

89-93.htm

Mon, 12 Dec 2005 17:54:22 EST

Opinion 89-93. September 12, 1989. Digest:. A judge of a county-level state-financed court need not disqualify himself or herself, where a state senator or member of the assembly appears as attorney for one of the parties, even though the State Legislature establishes the salaries for the judges of all courts other th

89-95_.pdf

Mon, 07 Mar 2005 15:07:45 EST

IN Opinion 89-95 Sept. 12, 1989 N Digest: A town justice who hears cases involving alleged violations of town zoning ordinances, need not disqualify himself or herself from such cases merely because the justice's son-inlla is chair of the zoning board of appeals, but is required to disqualify himsel

89-97_.pdf

Mon, 07 Mar 2005 15:07:45 EST

89-97 October 6, 1989 1. a. year Judge Advisory Committee on Judicial Ethics considered your inquiry (89-97) of July 28, 1989, asking if a conflict exists prohibiting a judge from making a counnunity service assignment to the Department of Public Works as part of a defendant's sentence, where the As

89-99_.pdf

Mon, 07 Mar 2005 15:07:45 EST

89-99 October 6, 1989 Dear Justice at its meeting of September 12, 1989, considered your inquiry (89-991, dated August 3, 1989, and received on August 4, 1989. obliged to report to the appropriate disciplinary authorities the possible misconduct of the attorney to whom your inquiry refers only if, u

90-01.htm

Mon, 12 Dec 2005 18:02:31 EST

Opinion 90-01. January 18, 1990. Digest. A part-time judge, who also is a private investigator, may continue to serve as a private investigator provided that he recuses himself in matters in which he acted as an investigator.Rules. 22 NYCRR 100.5(h). A part-time judge inquires whether there is a conf

90-03.htm

Mon, 12 Dec 2005 18:02:37 EST

Opinion 90-03. January 18, 1990. Digest. A part-time judge may serve as captain of a volunteer rescue squad, and as secretary for the board of fire commissioners, but may not serve as a member of a town planning board.Rules. 22 NYCRR 100.2(a) 100.5(b). A part-time judge inquires whether such a judge ma

90-05.htm

Mon, 12 Dec 2005 18:02:39 EST

Opinion 90-05. March 1, 1990. Digest. A judge is not disqualified from presiding over criminal cases because his son is an assistant district attorney in the county where he sits, on disclosure and consent.Rules. 22 NYCRR § 100.2(b)and 100.3 ( c)1)v). A judge, whose son is one of three assistant distr

90-10_.pdf

Mon, 07 Mar 2005 15:07:48 EST

Opinion 90-1 0 January 18, 1990 . Digest: A part-time judge, who practices law, may not appear in any court in the county presided over by a judge who is permitted to practice law. Rules: 22 NYCRR 100.5(f) Opinion: inquires whether another part-time lawyer-judge in his county, before whan heis repre

90-100_.pdf

Mon, 07 Mar 2005 15:07:46 EST

opinion 90-100 ' September 18, 1990 Diaest: A part-time judge may serve as a representative to the Mental Retardation and Developmental Disabilities Advisory Counsel. w: 22 NYCRR 100.5(b) minion: A part-time judge inquires whether he may be considered for appointment by the governor as a representta

90-101_.pdf

Mon, 07 Mar 2005 15:07:46 EST

Opinion 90-101 September 18, 1990 Diqest: A recently elected full-time judge may continue to manage a small rental property the judge owns, where the management involved is strictly limited to what is necessary and incidental to maintain the investment. -Rules: 22 NYCFLR §100.3(2) Cminioa: owned and

90-102_.pdf

Mon, 07 Mar 2005 15:07:46 EST

Opinion 90-102 .Jan-24, 1991 Diuest: A fuil-time judge generally m y pcrmit the jcdge's law clerk to engage in political activities chat are not specifically prohibited, provided that no political activities are conducted in the court house or during the clerk's working time and that the clerk's act

90-103_.pdf

Mon, 07 Mar 2005 15:07:46 EST

Opinion 90-103 September 18, 1990 Digest: A part-time judae may cormnence a civil action in any court having jurisdicctio over the claim. w: 22 NYCRR Part 100. minion: . action and asks whether a fellow judge in the same court may preside over the case. This committee previously has stated that ther

90-104_.pdf

Mon, 07 Mar 2005 15:07:47 EST

Opinion 90-104 September 18, 1990 piaest: A part-time judge may serve as a member of a local citizens advisory committee concerning a correctional facility to be located within the town where the judge setves . -2 22 NYCRR $100.5(b) pDinion : A part-time judge inquires whether such a judge may ierve

90-105_.pdf

Mon, 07 Mar 2005 15:07:47 EST

opinion 90-105 September 18, 1990 Dioest: A judge must pLohibit a person whom the judge plans to appoint as a law clerk from serving as the elected chair of a local political party committee, and where the rules make the chair an ex officio member of the county executive committee. §100.3(b)S)i) w:

90-106_.pdf

Mon, 07 Mar 2005 15:07:47 EST

Opinion 90-106 September 18, 1990 Diaest: A full-time judge may permit the paralegal studies board of a public university to send an informational letter to members of a bar association, which contains the names of the judicial members of the board, including the judge, in the letterhead. 22 NYCRR S

90-107_.pdf

Mon, 07 Mar 2005 15:07:48 EST

opinion 90-107 September 18, 1990 piaest: A full-time judge, who is named as a co-defendant, with numerous other judges in another action by a = m litigant presently before the judge, need not recuse himself. m: 22NYCRR 0100.3(C) minion: should recuse himself in a matter, where the ~ h 9 -B litigant

90-109_.pdf

Mon, 07 Mar 2005 15:07:48 EST

Opinion 90-109 September 18, 1990 Diaest: A part-time village judge, who also is the town attorney, may not represent the towx) in any courts in the county before judges who are permitted to practice law, and may not preside over cases brought by police officers employed by the town. Rules: 22 NYCRR

90-11_.pdf

Mon, 07 Mar 2005 15:07:50 EST

opinion 90-11 January 18, 1990 Diuest: A part-time judge may bring a pro se case in small claims part of his own court before the other judge. The judge may not attend a picnic sponsored ' by a political party unless the judge is running for re-electiion Opinion : bring a pro se action in small clai

90-110_.pdf

Mon, 07 Mar 2005 15:07:49 EST

opinion 90-110 September 18, 1990 Eioest: A part-time Judge whose spouse is chief clerk of a Surrogate's Court, need not disqualify himself or herself in a matter where the part-time law assistant to the Surrogate appears as an attorney before the parttiim judge. - 22 NYCRR 100.3 (c) (1) (iii) and (

90-111_.pdf

Mon, 07 Mar 2005 15:07:49 EST

opinion 90-111 September 18, 1990 Digest: A judge need not affinnatively disclose the relationship nor disqualify himself or herself when an attorney appearing before the judge is the spouse of a fellow judge, where the judges serve on a 'multi-judge court staffed by more than two judges. w: 22 NYCR

90-113.htm

Thu, 06 Apr 2006 14:38:27 EST

Joint Opinion 90-95, 90-113 and 90-115. September 18, 1990. Digest. Part-time judges may serve as executors of estates.. Rules. 22 NYCRR § 100.5 (d). Opinion. Several part-time judges inquire whether it is permissible for them to serve as executors of estates for clients or relatives.Section 100.5 (d) of the

90-114_.pdf

Mon, 07 Mar 2005 15:07:49 EST

opinion 90-114 September 18, 1990 I Diciest: A full-time judge may participate in the continuation of a chain letter to colleagues requesstin their support of the abolition of apartheid in South Africa. -Rules: 22 NYCRR SlOO.S(a) OPipSon: A full-time judge inquires if the judge may participate in a

90-115.htm

Thu, 06 Apr 2006 14:39:51 EST

90-116_.pdf

Mon, 07 Mar 2005 15:07:50 EST

Opinion 90-116 September 18, 1990 Diaest: A judge may serve as the trustee of a trust created by the "surrogate parent" .of the judge's spouse. w: 22 NYCRR §100.5(61. Opinion: permissible to accept appointment as trustee of a trust created by the "surrogate father" of the judge's spouse. According t

90-118_.pdf

Mon, 07 Mar 2005 15:07:50 EST

Opinion 90-118 October 23, 1990 Digest: A part-time judge may work as a bartender or in a business that sells alcoholic beverages provided the businesses are properly licensed. w: 22 NYCRR SlOO.S(h) minion: bartender or in a business that sells alcoholic beverages. Administrator provides: A part-tim

90-119_.pdf

Mon, 07 Mar 2005 15:07:50 EST

Opinion 90-119 September 18, 1990 Digest: A part-time judge, who also is employed as a reporter for a local newspaper, may report on political events including campaigns, meetings and political fundraisers. -Rules: 22 NYCRR S100.5(h) and 100.7. minion: A part-time judge, who also is employed as-a re

90-12.htm

Thu, 06 Apr 2006 14:40:16 EST

Opinion 90-12. January 18, 1990. Digest. A part-time judge may not serve as a mediator with an agency to which the judge refers court cases. Rules. 22 NYCRR 100.2; 100.5 (e). A part-time judge who serves as a mediator/arbitrator with a dispute resolution agency, to which he refers court cases, and w

90-120_.pdf

Mon, 07 Mar 2005 15:07:51 EST

Opinion 90-120 September 18, 1990 Piaest: A part-time judge who also is a school guidance director may not preside over cases where the judge's personal attorney appears or where the school district is a party; and must disclose when a co-worker, one of the judge's students, or a fellow firefighter

90-122_.pdf

Mon, 07 Mar 2005 15:07:51 EST

Opinion 90-122 September 18, 1990 Diqest: A full-time judge may privately hire an attorney who has an active practice in the judge's court, but would have to disqualify himself or herself from any case in which the attorney thereafter appears. Ruleg: 22 NYCRR §100.3(c)l) and lOO.S(c)l) opinion: A fu

90-123_.pdf

Mon, 07 Mar 2005 15:07:51 EST

Joint opinion 90-123 and 90-133 piaest: A judge may write newspaper articles on the law and'the courts, if the judge abides by certain caveats. w: 22 NYCRR 6100.4(a) and 100.6. pniniog: ask whether there is any ethical prohibition or limitation in writing a column or article about the law and courtr

90-125_.pdf

Mon, 07 Mar 2005 15:07:52 EST

Opinion 90-125 September 18, 1990 Diaest: A part-time judge may comunicate directly with a defendant who is represeqted by counsel, to advise the defendant of a court date, so long as the judge also communicates simultaneously with the defendant’s lawyer and the adversary, but may not communicate co

90-126_.pdf

Mon, 07 Mar 2005 15:07:52 EST

Opinion 90-126 September 18, 1990 Disest: A part-time judge. who is employed as a bus driver for the local school district which owns and operates'its own fleet of buses, may serve as the president of the school bus driver's union subject to limitations. -Rules: 22 NYCRR S§lOO.S.h) 100.2. minion: fo

90-127_.pdf

Mon, 07 Mar 2005 15:07:52 EST

opinion 90-127 September IS, 1990 Diaest: A judge should discllos that the judge's son is a summer intern at a law firm which represents a party in a matter before the judge and should preside in the matter only if there is consent of all parties. Rules: 22 NYCRR §slO0.3(c)l)ii a n d v ) ; 100.3(d)

90-128_.pdf

Mon, 07 Mar 2005 15:07:52 EST

Opinion 90-128 December 11, 1990 Digest: A judge may accept reasonabbl compensation for particippatin in a seminar at a private institute, provided that the institute is independent of a university which receives public funds, or that the compensation is for teaching a regular course of study. 100.6

90-129_.pdf

Mon, 07 Mar 2005 15:07:53 EST

Opinion 90-129 September 18, 1990 Digest: A full-time judge may serve as a member of the judicial honorary board of a branch of the NAACP provided the judge does not participate in the solicitation of funds . Rules: 22 NYCRR SlOO.j(b1. Opinion: received from a branch of the National Association for

90-13_.pdf

Mon, 07 Mar 2005 15:07:55 EST

Opinion 90-13 January 18, 1990 Y Diqest: A judge should repoor improprieties of another judge to the State Cormaission on Judicial Conduct. 100.3(b)3) Rules : 22 NYCRR Opinion : A full-time judge inquiries whether he should report possible impropriety by another judge to the State Commission on Judi

90-130_.pdf

Mon, 07 Mar 2005 15:07:54 EST

Opinion 90-130 September 18, 1990 3isest: A part-time judge may preside in matters where an attorney appearing in the court is the spouse of the deputy court clerk, proviide that appropriate proceddure are followed. Rules: 22 NYCRR §100.2.c) =00.3(b)2) minion: may preside in cases where an attorney

90-133_.pdf

Mon, 07 Mar 2005 15:07:54 EST

90-134_.pdf

Mon, 07 Mar 2005 15:07:54 EST

Opinion 90-134 September 18, 1990 - A part-time judge, who also works as a title searcher for several local attorneys, must disqualify himself or herself when such attorneys appear in the judge's court. The judge may not work part-time in the office of the vrllage, town and school attorney, since th

90-135_.pdf

Mon, 07 Mar 2005 15:07:55 EST

Opinion 90-135 September 18, 1990 Digest: A full-time :Age may not serve as leader of a delegation of a legal stuc2i group v'isiting Europe under the sponsorship of a private foundation where the judge's and the judge's spouse's expenses would be paid dependinq on the number 3f people who participat

90-136_.pdf

Mon, 07 Mar 2005 15:07:55 EST

Opinion 90-136 October 23, 1990 Digest: A judge need not &isqualiif himself or herself when the attorney appeariin before the judge was the judge's opponent in a political campaign, especially where the election was one and a half years ago. Rules: 22 NYCRR 100.3(1) . Opinion: A part-time judge asks

90-139_.pdf

Mon, 07 Mar 2005 15:07:55 EST

Opinion 90-139 Diqest: A part-time September 18, 1990 judge may participate in a political party caucus and vote by secret ballot only iz a i l registered members of the party may participate. w: 22 NYCRR 0100.7. w: A part-time judge inquires whether such a judge may attend a political party CaUCU6

90-14.htm

Thu, 06 Apr 2006 14:40:28 EST

Opinion 90-14. March 1, 1990. Digest. A part-time judge may serve as a member of the town’s board of tax assessment review.. Rules. 22 NYCRR 100.5 (h). A part-time judge inquires whether he may serve as a member of the local town board of tax assessment review. The board meets once a year to review pr

90-140_.pdf

Mon, 07 Mar 2005 15:07:56 EST

Opinion 90-140 December 11, 1990 Diaest: A part-time judge, who also is an attorney, may not permit an associate of the judge's law firm to appear in the judge's court, but partners, associates and employees of a part-time judge may appear in other justice or village courts in the same county. Wheth

90-141_.pdf

Mon, 07 Mar 2005 15:07:56 EST

opinion 90-141 October 23, 1990 Diraest: A full-time judge, who served as a volunteer member of a school district budget advisory committee before judiciai appointment, should res: from that committee. Rule: 22 NYCRR 100.5(g) -Opinion: A full-time judge, prior to judicial appointment, volunteered fo

90-142_.pdf

Mon, 07 Mar 2005 15:07:56 EST

Opinion 90-142 October 23, 1990 Diqest: A full-time judge ethicaily may serve as chair 3f a lccal draft bcard at a time when there is no draft, and as a notary public. Rules: 22 NYCRR §100.5(bI an2 (9) Opinion: serving as a member and chair of a local draft board, which meets once a year for a train

90-143.htm

Mon, 12 Dec 2005 17:38:19 EST

Opinion 90-143. October 23, 1990. Digest. A part-time judge may serve as a public defender for any client before a full-time judge or a part-time lay judge in the judge’s county other than his own court, but is prohibited from appearing before a part-time judge in the county who is permitted to practice law and may

90-144_.pdf

Mon, 07 Mar 2005 15:07:57 EST

opinion 90-144 September 18, 1990 Digest: A judge should initiate appropriate disciplinary measures against an attorney who repeatedly appears in his or her court in an intoxicatel condition. w: 22 NYCRR §100.3(b)3) Opinion: A part-time judge has asked this Commitwe about the existence of any ethica

90-146_.pdf

Mon, 07 Mar 2005 15:07:57 EST

Opinion 90-146 Octuber 23, 1990 Digest: A judge, whose law clerk is in a legal partnership with an attorney who acts as assigned counsel in the judge's court, need not recuse himseel or herself in matters involving the attorney, but should disclose the relationship to the parties and obtain their co

90-15_.pdf

Mon, 07 Mar 2005 15:07:59 EST

Opinion 90-15 March 1, 1990 Y Digest: The spouse of a judge may serve as a commissioner of the county board of elections in the county where the judge resides, but the judge must disquaalif himself in any proceeding in which the board of elections is a Party S100.3(c)l)iv)a) m: 22 NYCRR Opinion: A f

90-151_.pdf

Mon, 07 Mar 2005 15:07:57 EST

Opinion 90-15i October 23, 1990 Digest: A judge whose son is a police officer must disqualify himself or herself if the son is a participant in a matte: before the judge, unless, after disclosing the relationship to the parties, all parties consent to the ludge's continued participation. 100.3(d) -R

90-153_.pdf

Mon, 07 Mar 2005 15:07:58 EST

Opinion 90-153 October 23, 1990 fli,gest: A judge may atEend an6 vcte dt. a town political cazcs held for the p-rpose zf nominating political candidates and where a l l registered members of :he party may vote, 2roviCet the judge does not participate in any discussion or otherwise sndicate a prefere

90-154.htm

Mon, 01 May 2006 15:05:58 EST

Opinion 90-154. October 23, 1990. Digest. A full-time judge, who is not a candidate for elective judicial office, may nevertheless attend a dinner for a neighbor and social friend who is retiring from the state legislature.Rules. 22 NYCRR §100.5(a) and 100.7.. A full-time judge, who is not a candidate for elec

90-155_.pdf

Mon, 07 Mar 2005 15:07:58 EST

90-155 Novenber 15, 1990 This is in reply to your inquiry of September 26, 1990, concerning the propriety of your law firm's associates practicing before other judges of the same court to which you anticipate being elected. The Committee has previously concluded in Opinion 81-10 that, pursuant to se

90-156_.pdf

Mon, 07 Mar 2005 15:07:58 EST

Opinion 90-156 October 23, 1990 Diqest: A judge should not write a character reference at rhe request of an attorney being investigated. Code of Judicial Conduct, Canon 23. Rule: 22 NYCRR 100.2 IC) -Opinion: Divisions is conducting an investigation of the conduct of an attorney with respect to an in

90-157_.pdf

Mon, 07 Mar 2005 15:07:58 EST

opinion 90-157 December 11, 1990 Digest: Judges should not serve on the editorial board for the publisher of a law book, under circumstances that give the publication a misleading official imprimatur. 100.5(c)l) ( 2 ) and ( 6 ) ; Code of Judicial Conduct, Canon 2. w: 22 NYCRR 100.2(c) Oninion: holdi

90-159_.pdf

Mon, 07 Mar 2005 15:07:59 EST

0pinio.n 90-159 October 23, 1990 Diqest: A judge may not permit a not-for-profit corporation to name a research institute after the judge. Rules: 22 NYCRR §100.5(b)2) Opinion: zorporation, whose sole concern appears to be health care, wishes zo establish an institute for research of substance almse.

90-16_.pdf

Mon, 07 Mar 2005 15:08:01 EST

pinion 90-16 March 1, 1990 UI Digest: A part-time judge is entitled to express his opinion publicly as to the need for an additionaa judgeship. Rules : 22 NYCRR S100.4 and 100.7 opipion: inquires whether he may actively oppose a resolution adopted by a local municipal board, which would create the p

90-160_.pdf

Mon, 07 Mar 2005 15:07:59 EST

Opinion 90-160 0ct.ober 23, 1990 Diqest: A judge seeking re-election may not commence,his or her campaign for re-electron until nine months before a primary election, judicial . , nominating convention, party caucus or other party meeting for nominating a candidate f o r the elective office. -Rule:

90-161_.pdf

Mon, 07 Mar 2005 15:07:59 EST

90-161 January 7, 1991 The Advisory Committee on Judicial Ethics, at its meeting of December 11, 1990, considered your inquiry (90-1611, dated October 10, 1990, asking whether, as a part-time judge and town council member, you legally may notarize petitions of property owners concerning the dissolvi

90-164_.pdf

Mon, 07 Mar 2005 15:08:00 EST

Opinion 90-164 December 11, 1990 Disest: A judge may not accept a a complimentary ticket to an organization's dinner when the judge wrote a decision benefitting the . organization. 100.5(b)2) Rules: 22 NYCRR 55100.2; minion: A full-time judge presided over hearings which resulted in a civic organiza

90-165_.pdf

Mon, 07 Mar 2005 15:08:00 EST

opinion 90-165 Jiu~uary 24, 1991 Digest: The sme ethical restrictiion that apply to parttiim judges apply to acting part-time judges as well; a deputy town atrorney may not practice before a lawyerjusstic in a town court in a matter where the town attorney is attorney of record, and also is an actin

90-166_.pdf

Mon, 07 Mar 2005 15:08:00 EST

Opinion 90-166 December 11, 1990 Digest: A part-time judge may participate only in an indirect and & minimis way in civic, charitable, or religious fundraising events; when seeking reelecction such a ludge may campaign with other candidates who make up the slate, without endorsing them; such a judge

90-167_.pdf

Mon, 07 Mar 2005 15:08:00 EST

Opinion 90-167 December 11, 1990 Dioest: A part-time judge may act as an informal legal advisor to the mayor and village board of trustees. Rules: 22 NYCRR 100.4(b) and 100.5(h) minion: A part-time judge, who has no caseload in the winter months, inquires whether it is ethically allowable for the ju

90-168_.pdf

Mon, 07 Mar 2005 15:08:01 EST

Opinion 90-168 December 11, 1990 Digest: A judge may include his or her name and judicial title on a list of patrons who have contributed to a charitable organization. u: 22 NYCRR lOO.S(b)Z) minion: to include his or her judicial title on a list of patrons who have contributed to a non-profit or cha

90-169_.pdf

Mon, 07 Mar 2005 15:08:01 EST

Joint Opinion 90-169 and 90-183 December 11, 1990 Disest: A judge may permit the iudge's former private attorney snd that attorney's law firm to appear before the judge, where five years have passed since the attorney represented the judge in a personal legal matter. -Rules: 22 NYCRR 100.3(CI minion

90-170_.htm

Mon, 07 Mar 2005 15:08:01 EST

Opinion 90-170. December 11, 1990. Digest. It is ethically permissible for one judge to contact another judge,. ex parte. to request an adjournment of a case, where there is a conflict on their respective calendars, because the same attorney is scheduled in both parts at the same time.22 NYCRR 125.1; Canon 3 of the.

90-173_.pdf

Mon, 07 Mar 2005 15:08:02 EST

Opinion 90-173 December 11, 1990 Diaest: A judicial hearing officer may serve on a comunity board, subject to recusal in cases involving such board. -Rules: 22 NYCRR 100.5lb) Osini on : A full-time judge who is retiring at the end of 1990 and who will be applying for appointment as a judicial hearin

90-174_.pdf

Mon, 07 Mar 2005 15:08:02 EST

Opinion 90-174 December 11, 1990 Digest: A judge may not serve on the honorary comittee for a fundraising dinner to benefit a lawyers' association. Rules: 22 NYCRR 100.5(b)2) minion: invitation to serve on the honorary committee for a fundraising dinner on behalf of a lawyers' association. This asso

90-175_.pdf

Mon, 07 Mar 2005 15:08:03 EST

OpS nion 90-175 December 11, 1990 Digest: A part-time judge should disqualify himself or herself in contesced matters where a deputy sheriff, who also is on the town council, appears as prosecutor or witness, where the sheriff, as town council member, participates in fixing the judge's salary, but t

90-177_.pdf

Mon, 07 Mar 2005 15:08:03 EST

Opinion 90-177 December 11, 1990 Digest: A part-time judge may attend a political debate between two candidates running for a public office, if the debate is not sponsored by a political organization. -Rules: 22 NYCRR 100.7(a) Opinion : inquires whether it is permissible to attend a forum where two

90-178_.pdf

Mon, 07 Mar 2005 15:08:03 EST

opinion 90-176 Digest: A part-time village justice who is an announced aspirant for the appointed position of interim county court judge may attend a meet- _ _ county democrattic committee held for the purpose of selecting a candidate to be recommennde to the Governor for such appointment. -Rules: 2

90-179_.pdf

Mon, 07 Mar 2005 15:08:03 EST

90-179 January 7, 1991 The Advisory Committee on Judicial Ethics, at its meeting of December 11, -1990, considered your inquiry (90-1791 dated November 1, 1990, inquiring under what circumstances a district attorney, who represented you in a personal matter from August, 1989, until October 1990, may

90-18_.pdf

Mon, 07 Mar 2005 15:08:05 EST

pinion 90-18 ' March 1, 1990 N. . . Diqest: A part-time judge, who is a practicing attorney, may preside at a criminal trial where the defendant is represented by an attorney who cross-examined the judge as a witness in a civil proceeding in another court. Where the law partner to a part-time judge

90-181_.pdf

Mon, 07 Mar 2005 15:08:04 EST

Opinion 90-181 December 11, 1990 Digest: A part-time judge is entitled to express his or her opinion publicly regarding the plan to expand the duties of the county district attorney's office from part-time to full-time. -Rules: 22 NYCRR 100.4(a)b) . Dinion: is a part-time judge, inquires whether the

90-182_.pdf

Mon, 07 Mar 2005 15:08:04 EST

Opinion 90-182 December 11, 1990 Diaest: A recently elected fulltiim judge need not disclose or recuse himself or herself from a proceeding in which one of the attorneys appearing before the judge publicly supported the judge in the judge's election campaign, as such minimal participatiio does not r

90-183_.pdf

Mon, 07 Mar 2005 15:08:04 EST

90-184_.pdf

Mon, 07 Mar 2005 15:08:04 EST

opinion 90-184 December 11, 1990 Dioest: A full-time judge may accept an invitation to be honored at the nonfuun raising annual dinner of an ethnic police association. Rules: 22 NYCRR 100.5(b)2) -Ooinion: A full-time judge inmires whether the judge may accept an invitation to be honored at the annua

90-186_.pdf

Mon, 07 Mar 2005 15:08:05 EST

Opinion 90-186 December 11, 1990 Piaest: A part-time judge may be amployad as work-crew supervisor for ' a community service program run by the probation department of an adjoining county. B!a!s.E: 22 NYCFR lOO.S(h) QEdnbn: A part-time judge inquires whether amployment as work crew supatvisor for th

90-188_.pdf

Mon, 07 Mar 2005 15:08:05 EST

opinion 90-188 December 11, 1990 Diqest: A judge may not continue to serve as assistant district attorney in one county and hold a position as a part-tne judge in another county. -Rules: 22 NYCRR §5100.5(h) and 100.2 minion: a part-time judge, who is also an assistant district attorney, inquires whe

90-19.htm

Mon, 12 Dec 2005 18:02:41 EST

Opinion 90-19. March 1, 1990. Digest. A full-time judge may serve as a member of an advisory committee of a mediation center.. Rules. 22 NYCRR 100.4 ( c). A full-time judge inquires if he may serve as a voluntary and unpaid member of an advisory board of a community mediation center.The mediation center is a

90-191_.pdf

Mon, 07 Mar 2005 15:08:05 EST

90-191 January 7, 1991 The Advisory Committee on Judicial Ethics, at its meeting of December 11, 1990, considered your inquiry (90-191) dated December 2, 1990, inquiring whether you may request a court clerk to transfer your client's case from a lawyer-judge to a non-lawyer judge, prior to the first

90-192_.pdf

Mon, 07 Mar 2005 15:08:06 EST

minion 90-192 December 11, 1990 Digest: A judge may permit the listing of the judge's name and photograph in a school's journal distributed at the school's annual dinner, as the judge's name and photograph are not being used in connection with the solicitation of funds . Rules: 22 NYCRR 100.5(b)23.

90-193_.pdf

Mon, 07 Mar 2005 15:08:06 EST

90-193 January 7 , 1991 The Advisory Committee on Judicial Ethics, at its meeting of December 11, 1990, considered your inquiry (90-193) dated November 29, 1990, concerning the propriety of making a political contribution from excess campaign funds. This Committee has previously found that unexpende

90-194_.pdf

Mon, 07 Mar 2005 15:08:06 EST

90-194 January 7, 1991 The Advisory Conunittee on Judicial Ethics, at its meeting of December 11, 1990, considered your inquiry (90-1941, dated November 27, 1990, concerning the propriety of a judge presiding over a case where one of the parties is represented by a large municipal law office where t

90-195_.pdf

Mon, 07 Mar 2005 15:08:06 EST

Opinion: 90-195 December 26, 1990 Digest: A judge's campaign comittee may not hold a post-election fundraiser for the purpose of reimbursing a political leader for campaign costs incurred by the leader, in the absence of a legal obligation to make such reimbursement, or to reimburse the judge for ex

90-196_.pdf

Mon, 07 Mar 2005 15:08:06 EST

Opinion 90-196 December 11, 1990 Dioest: A judge may appoint a ldW assistant whose spouse is an attorney with a legal services program which frequently appears in the judge's court. The judge need not recuse himself or herself in cases where one attorney had helped gather petitions and distributed f

90-197_.pdf

Mon, 07 Mar 2005 15:08:07 EST

Opinion 90-1S7 January 24, 1991 Diqess: A judge who was represented as part of a group of judges in federal ceurt .by the Attorney General's office need not recuse himelf or .herself in a trial prosecuted by an assistant attorney general, if that attorney was not the Lawyer who represented the judge

90-199_.pdf

Mon, 07 Mar 2005 15:08:07 EST

opinion 90-139 .January 24. 1991 Digest: A part-time judge who practiice law may appear before a part-time judge who has officially retired from the practice of . law. Rules: 22 NYCRR b100.SIf 1 ; 22 NycRR 8118.l(a) and (g) minion: practices law may appear before another part-time judge in a local c

90-2_.pdf

Mon, 07 Mar 2005 15:08:11 EST

opinion 90-2 picrest: A part-time January 18, 1990 judge may run for election to a local library board where the election is not a primary or general election. prlea : 22 NYCRR 100.7. m n : A part-time judge inquires whether he may run for election to the local library board. library board in questi

90-20_.pdf

Mon, 07 Mar 2005 15:08:08 EST

pinion 90-20 ' March 1, ' 1990 Y-Y Dioest : A part-time judge may handle a proceeding against civil disobedience demonstrators, where the judge's spouse supports the same cause, provided that the judge feels he can be impartial. Rules : 22 NYCRR 99100.2 and 100.3(a) -minion: A part-time judge inquir

90-200_.pdf

Mon, 07 Mar 2005 15:08:07 EST

asinion 90-200 . J a w 24, 1991 Diaest: A part-time judge may have a mortgage with a private mortgaag investor who happens to be on the town board and who also hoIds mortgages for other municipal employees. w: 22 NYCRR §100.2(a) minion: A part-time judge inquires about the propriety of obtaining a m

90-201_.pdf

Mon, 07 Mar 2005 15:08:08 EST

Opinion 90-201 Janugry 24, 1991 Digest: A part-time judge, as educatiio coordinator for a Chemical Abuse Treatment Program, may provide drug counseling and education to prison inmates, but should recuse himself or herself if such an imnate comes before the court. If inmates with whom the judge has w

90-203_.pdf

Mon, 07 Mar 2005 15:08:08 EST

90-203 February 8, 1991 The Advisory Conunittee on Judicial Ethics, at its meeting of January 24, 1991, considered your inquiry (90-203) dated December 13, 1990, concerning the winding down of your legal practice upon your recent election as judge. attorneys to whom you lease office space, and may p

90-204_.pdf

Mon, 07 Mar 2005 15:08:08 EST

Opinion 90-204 January 24, 1991 Diqest: A judge may serve as a paid lecturer with the Court Clerk Development Program, a private profit-making enterprise which conducts programs to prepare court personnel for promotional examinations, which programs improve the. legal system and the administration o

90-21.htm

Mon, 12 Dec 2005 18:02:42 EST

Opinion 90-21. March 1, 1990. Digest. A full-time judge must recuse himself when the mayor who originally appointed the judge appears before the judge representing a private client if either party requests it.Rules. 22 NYCRR 100.2(a) 100.3 ( c)1). A full-time judge asks whether recusal is necessar

90-22.htm

Mon, 12 Dec 2005 18:02:43 EST

Opinion 90-22. March 1, 1990. Digest. A full-time judge may serve as the executor of his father-in-law’s estate.. Rules. 22 NYCRR 100.5(d). A full-time judge inquires if he may serve as the executor of his father-in-law’s estate.. Section 100.5 (d) of the Rules of the Chief Administrator states:.

90-23_.pdf

Mon, 07 Mar 2005 15:08:09 EST

Opinion 90-23 Oct. 23, 1990 Diaest: A part-time judge who is permitted to practice law may practice in another court in the county before a non-lawyer judge, even if another judge of that court is a lawyer-judge permitted to practice law. Cases, however, should not be. reassigned from a lawyerjuudg

90-24.htm

Mon, 12 Dec 2005 18:02:45 EST

Opinion 90-24. March 1, 1990. Digest. A full-time judge presiding over criminal cases may write commentaries for a publisher on criminal law, if the judge abides by certain caveats.Rules. 22 NYCRR § 100.4 (a) and 100.6 ( c). A full-time judge who was recently appointed to the bench has been a writer

90-25.htm

Mon, 12 Dec 2005 18:02:46 EST

Opinion 90-25. March 1, 1990. Digest. A judge may serve on the advisory board of a neighborhood crime prevention program in a limited capacity.Rules. 22 NYCRR § 100.4( c)and 100.5 (b)1). A judge who presides over criminal cases asks if she may serve as a member of an advisory board for a neighborhood crime prev

90-26.htm

Thu, 06 Apr 2006 14:40:47 EST

Opinion 90-26. March 1, 1990. Digest. A judge may testify, preferably but not necessarily pursuant to a subpoena, as a witness in a trial where the judge’s daughter is a party, and the judge may watch the judge’s daughters, who are litigation attorneys in court, but only in a county other than where the judge si

90-27_.pdf

Mon, 07 Mar 2005 15:08:10 EST

pinion 90-27 'March 1, 1990 IAN Diqest : A judge's law clerk may serve as a member of a citizen's advisory committee on domestic violence created and confirmed by the county legislature. 22 NYCRR SS100.3(b)2) and (5) -Rules : 212.SE7~moO minion: permission to serve on a citizen's advisory committee

90-28_.pdf

Mon, 07 Mar 2005 15:08:11 EST

Opinion 90-28 Digest: A judge may cook and serve hamburgers at a not-for-profit T1 March 1, 1990 church fundraising function where the food is made availii able only for the convenience .of those attending, and the price charged produces no profit. Be may not supervise the fundraising affair nor jud

90-30.htm

Thu, 06 Apr 2006 14:41:10 EST

Opinion 90-30. March 1, 1990. Digest. A part-time judge may write a letter to the town board concerning the removal of junk vehicles.. Rules. 22 NYCRR § 100.5. A part-time judge asks whether it would be permissible to send a letter to the town board recommending that it establish a method and procedure for di

90-31.htm

Thu, 06 Apr 2006 14:41:30 EST

Opinion:90-31. March 1, 1990. Digest. A full-time judge, in response to an inquiry from the department of probation, may express an opinion concerning the calculation of the length of a defendant’s sentence and concerning the method for calculating sentence lengths generally.Rules. 22 NYCRR § 100.3 (a) and 100.4 (a).

90-32.htm

Thu, 06 Apr 2006 14:41:51 EST

Opinion 90-32. April 5, 1990. Digest. A full-time city court judge may serve on the board of trustees of a local community college which is part of the State University of New York , provided that the judge recuses himself in any matters affecting the college.Rules. NY State Constitution, Article VI, § 20(b) (1) 22

90-33.htm

Thu, 06 Apr 2006 14:42:07 EST

Opinion 90-33. March 1, 1990. Digest. A judge, whose law clerk’s sister is an attorney, need not recuse himself in cases in which the attorney-sister appears, but should disclose and relationship to all parties and their attorneys and obtain their consent as to his continued participation, and must completely in

90-36_.pdf

Mon, 07 Mar 2005 15:08:12 EST

March 21, 1990 Dear Judge at its meeting of March 1, 1990. considered your inquiry (90-361, dated February 23, 1990, received at this O f f i c e on February 27, 1990, concerning ethical problems arising w i t h respect to advising pro se litigants who appear before you. Committee believes that you

90-37.htm

Thu, 06 Apr 2006 14:42:23 EST

Opinion 90-37. March 1, 1990. Digest. A part-time judge may serve as a bookkeeper for the town supervisor and as deputy supervisor, but should recuse herself in cases involving the town or the supervisor.Rules. 22 NYCRR § 100.5 (h). A part-time judge inquires whether she may hold a position as bookkeeper fo

90-38_.pdf

Mon, 07 Mar 2005 15:08:12 EST

I. . opinion 90-38 piuest: A judge may attend an March 1, 1990 educational conferrenc and receive reimbursement for his expenses there from the nursing home where the judge is a member of the board of directors. Pules : 22 Nym 0100.6(b) Oninion: directors of a nursing home, that all the board member

90-39_.pdf

Mon, 07 Mar 2005 15:08:13 EST

opinion 90-39 Piuest: Judges may not permit April 5, 1990 an attorney, whose associate is a part-time judge of their court, to appear in that court before any judge of the court. w: 22 NYm 100.5(f) O m : A full-time judge inquires whether a partner in a law firm may appear before the judge, when one

90-4_.pdf

Mon, 07 Mar 2005 15:08:14 EST

February 2, 1990 Dear Justice its meeting of January 18, 1990, considered your inquiry (90-41, dated January 3, 1990, asking that the Committee reconsider opinion 87-02, concerning the donation of unexpended campaign funds to charitable institutions. Please refer to Committee opinions 87-02, 87-16,

90-40_.pdf

Mon, 07 Mar 2005 15:08:13 EST

opinion 90-40 April 5, 1990 6, lrcW T m I W I Diqest : A judge should not assist a private business firm by referring cases to it or by sending the firm's brochuure to attorneys, but may make the court's public files available for search as the court would do for any other member of the public . Rul

90-41_.pdf

Mon, 07 Mar 2005 15:08:13 EST

1 &inion 90-41 Disest : In the event a former client T April 5, 1990 genuinely is considering a lawsuit for malpractice against a judge, the judge must recuse himself from presiding in any action in which the firm representing the former client appears. wu( Rules : 22 NYCRR 100.2. minion: representi

90-43.htm

Thu, 06 Apr 2006 14:43:40 EST

Opinion 90-43. April 5, 1990. Digest. A part-time judge who practices law may share office space with an assistant public defender and still preside over cases involving the public defender’s office, although the judge, and any other judge of same court, is disqualified from participating in any case in which th

90-44.htm

Thu, 06 Apr 2006 14:44:46 EST

Opinion 90-44. June 7, 1990. Digest. An appellate court justice, whose daughter-in-law is an assistant counsel in a department of the state government, should not participate in appeals of any cases in which she was involved, unless there is disclosure and all parties consent, but recusal and disclosure are not

90-46_.pdf

Mon, 07 Mar 2005 15:08:14 EST

MK. NEW YORK 10007 ' Opinion 90-46 Dioest : A Surrogate Court judge may write a letter of recammendatiio for a court employee to a city Court judge. April 5, 1990 Rules : 22 NYCRR 100.2. -Opinion: to write a letter of recammendation to a City Court judge on behalf of a court employee who is applying

90-50_.pdf

Mon, 07 Mar 2005 15:08:14 EST

ERIN Opinion 90-50 Diaest : A part-time judge may not I serve on a school board or April 5, 1990 stand for election as treasurer of a fire district. Rules: ’ 22 NYCRR 100.5th) 100.7. opinion: A part-time judge inquires whether a judge may accept an appointment to serve on a local school board, from

90-52.htm

Thu, 06 Apr 2006 14:45:04 EST

Opinion 90-52. June 7, 1990. Digest. It is inappropriate for any judge to transfer a case to a non-lawyer judge solely to permit a lawyer-judge to remain as attorney on the case.Rules. 22 NYCRR 100.5 (f). An administrative judge inquires whether a judge, who is permitted to practice law, may transfer a c

90-53.htm

Thu, 06 Apr 2006 14:45:22 EST

Opinion 90-53. April 5, 1990. Digest. A part-time judge’s spouse may hold a minor clerical position with the local police department without the judge being disqualified in criminal cases where police officers of that department are witnesses.Rules. 22 NYCRR 100.3 ( c)1)iii). A part-time judge who pre

90-54_.pdf

Mon, 07 Mar 2005 15:08:15 EST

I Opinion 90-54 Dicrest: A part-time judge, who is an attorney and a member of the county Magistrates' Association, and who conducts judicial training seminars for the Office of Court Administration, may appear as an attorney before non-lawyer judges who have attended the seminars and who are member

90-56_.pdf

Mon, 07 Mar 2005 15:08:15 EST

I Opinion 90-56 April 5, 1990 Diuest: A part-time assistant district attorney may serve as the persooua attorney for a judge, but the judge may nut preside over any matters handled by this assistant district attorney. Rules : 22 NYCRR C100.3(cl. ol>inion: also is a part-time assistant district attor

90-57_.pdf

Mon, 07 Mar 2005 15:08:15 EST

y opinion 90-57 April 5, 1990 1 Dicrest : A judge may preside over cases brought by the Department of Social Services, where the judge formerly was employed, provided that the judge did not serve as an attorney in the matter. !L?he judge also may hold stock in a private corporation and, while a nomi

90-59.htm

Mon, 12 Dec 2005 18:02:47 EST

Joint Opinion 90-59. 90-65. June 7,1990. Digest:. A part-time judge may not represent legal clients before the town planning board within the judge’s jurisdiction.Rules. 22 NYCRR §100.2 (a) 100.5. Opinion. Part-time judges, who are also practicing attorneys, inquire whether it would be proper to represent

90-6_.htm

Mon, 07 Mar 2005 15:08:18 EST

Opinion 90-6. March 1, 1990. Digest. Unexpended campaign funds from prior unsuccessful election campaign cannot be used in a subsequent campaign, whether for the same office or another office.Rules. 22 NYCRR § 100.7. A judge who unsuccessfully sought election to a higher judicial office last year inquires whether un

90-60_.pdf

Mon, 07 Mar 2005 15:08:16 EST

I Opinion 90-60 June 7; 1990 Diqest : A presiding judge should not address a retired judge, who is appearing in court as a practiccin attorney, as "judge" or "your honor" Rules : 22 NYCRR 5100.2. -d ' a i ' minion : judge appear in the courtroom as counsel, asks what the proper fornl of address shou

90-61_.pdf

Mon, 07 Mar 2005 15:08:16 EST

Di aest : A judge must f'ecuse himself June 7, 1990 invelvina a fire, where the Oprnion 90-61 -or herself in any case judge assisted in the actual fire fighting . 100.3(c)l)li) 100.3(d) Rules : 22 NYCRE 100.3[c)lI, -Opinion : company, asks whether it is permissible to preside over matterc arising fr

90-62_.pdf

Mon, 07 Mar 2005 15:08:16 EST

June 22, 1990 Dear Judge E t h i c s , a t its meeting on June 7 , 1990, considereC your inquiry (90-62) dated A p r i l 16, 1990, about the propriety of participating i n bingo games an8 other games of chance, and running the food concessiio a t local events sponsored by the volunteer fire departme

90-63_.pdf

Mon, 07 Mar 2005 15:08:17 EST

inion 90-63 Diqsst: A part-time judge may not run June 7, 1990 on a school board. for election to or serve Rules : 22 NYCRR lOO.S(h) 100.7. -z VI am I zminnion school board requests formal reconsideration of the Committee's prior opinions which hold that it is ethically inappropriate for a part-time

90-64_.pdf

Mon, 07 Mar 2005 15:08:17 EST

U Opinion 90-64 June 7, 1990 m Disest : An election committee may be formed for the dual purpose cf re-electing B judge to one Court and assisting in his election to another Court. Rules : 22 NYCRR 100.7. Opinion: A judge inquires whether an election cosranittee may be established for the dual purpo

90-65.htm

Mon, 12 Dec 2005 18:02:48 EST

90-66_.pdf

Mon, 07 Mar 2005 15:08:17 EST

opinion 90-66 u June 7, 1990 Dioest: A judge, under certain circumstannces should disqualify himself in all matters handled by attorneys and their associaates who previously had testified at a hearing invollvin the judge before the Commission on Judicial Conduct, where the hearing resulted in a publ

90-67_.pdf

Mon, 07 Mar 2005 15:08:18 EST

minion 90-67 Diqcst: A judge running for re-election LN .my, during the campaign, refer June f , 1990 to his or her previous decisioons and comment on an opponent's qualifications, but may not comment on disputed legal or political issues. Canon 7(B)l)C) of the Code of Judicial Conduct: 22 NYCi?R SS

90-68_.pdf

Mon, 07 Mar 2005 15:08:18 EST

opinion 90-68 picrest: A judge should June 7 , 1990 disqualify himself or herself in cases . handled by a law firm which employs the court's part-time clerk as a 6ecretary. pules : 22 NYCRR 100.2. ODinion: propriety of hearing cases handled by a l a w firm, which employs as a secretary the part-time

90-69_.pdf

Mon, 07 Mar 2005 15:08:18 EST

Gpinion 90-69 A judge may not participate in a fundraiser for the American June 7, 1990 Cancer Society in a mock "jail and bail" event. Df gest : Rules : 22 NYCRR lOO.S(b)ZI. minion : A judge inquires whether a judge may participate in a fundraiser for the American Cancer Society, where a judge woul

90-7_.pdf

Mon, 07 Mar 2005 15:08:20 EST

Joint Opinion 89-157; 90-7 January 18, 1990 H I Diuest: A part-time judge, who is a member of the local school board, must resiig immediattel from the school board. 100.5(h) Rules : 22 NYCRR 100.7; -Opinion: their local school boards, inquire whether they should resign from the school boards inmedia

90-71_.pdf

Mon, 07 Mar 2005 15:08:18 EST

Y Opinion 90-71 -Diaest : A part-time judge may practice June 7, 1990 other than the county in which law in any courts in counties I the judge's court is located. Rules : 22 NYCRR 100.5(f) minion : it would be permissible to accept assignments to represent indigent clients in a county adjoining the

90-72_.pdf

Mon, 07 Mar 2005 15:08:19 EST

Spinion 90-72 June 7, 1990 Diqest : The law partners of a part-time judge, who is an attorney, may not practice law in that judge's co;ltt. 22 NYCRR 100.5(f) -Rules : Opipion: of a law firm, asks if the judge's own law partners may appear before the other part-time judge in the same court. Section 1

90-73_.pdf

Mon, 07 Mar 2005 15:08:19 EST

Opinion 90-73 June 7, 1990 Diciest : A judge's solicitation of lawyeer for vbluntary pro bono representation of the poor'is permissible, except that the judge should avoid any appearranc of coercing attorneys to participate. Rules : 22 NYCRR 100.3. -inion: form which asks attorneys to volunteer to r

90-74_.pdf

Mon, 07 Mar 2005 15:08:19 EST

Q.tinioa 90-74 (1) A judge is not required to recuse himself or herself when June 7, 1990 a substitution of defense counsel in a quasi-criminal proceeding occurs prior to sentencing, where the new firm's predecessor once represented the judge, and where it appears to the judge that the substitution

90-75_.pdf

Mon, 07 Mar 2005 15:08:19 EST

Opinion 90-75 September 18, 1990 Digest: A part-time town justice, whose brother is the police chief in a village within the.town, should be disqualified from cases in which the brother was in any way involved. -Rules: 22 NYCRR §100.3(c) 22 NYCRR §100.3(c)l) iv. minion: A part-time town justice, who

90-77_.pdf

Mon, 07 Mar 2005 15:08:20 EST

5.nion 90-77 Disest : It is inappropriate for a judge's spouse to hole a political fund-June 7, 1990 raiser at their joint residence, even if the judge des not appear at or participate in the fundraiiser Rules : 22 NYCRR 100.7(c) I Opinion : spouse holding a fundraiser on behalf of a political candi

90-78_.pdf

Mon, 07 Mar 2005 15:08:20 EST

Opinion 90-78 June 7, 1990 Digest: A judge's spouse may paint a portrait of another judge tca be hung in the courthouse, provided that the spouse receives no payment excepz for actual expenses. Rules : 22 NYCRR 100.2, 100.2Ic1. X I S F BECS5A5 f.rm su :rOiw ma u)zac minion: A judge, who is the Super

90-79_.pdf

Mon, 07 Mar 2005 15:08:20 EST

Opinion 90-79 September 18, 1990 Disest: A part-time judge may not seek re-election . to a local school board, and should resign from the board. . w: 22 NYCRR 5100.7; Canon 7(A)3) Code of Judicial Conduct. sinion: A part-time judge who was elected to the local school board before becominq a judge. i

90-8_.pdf

Mon, 07 Mar 2005 15:08:22 EST

inion 90-8 Digest : A part-time judge may serve as a member of civic associations March 1, 1990 provided that such participatiio does not interfere with the performance of judicial duties and the organizations are not regularly involved in litigation. a member of a political party committee. A judge

90-80_.pdf

Mon, 07 Mar 2005 15:08:21 EST

opinion 90-80 pfaest: Judges should June 7 , 1990 not serve as the editorial board for the publishers of a law book, under circumstances that give the publication a misleading official imprimatur. pules : 22 NYCRR 100.4; 1 0 0 . 5 ( C ) (2) opinion : accept a proposed contract t o serve on an editor

90-81_.pdf

Mon, 07 Mar 2005 15:08:21 EST

Opinion 90-81 June 7, 1990 Diqest : An associate of a part-time judge may not appear before mother judge in the judge's court under any circumstances. Rules : 22 NYCRR lOO.S(f) -Opinion: inquires whether an associate in the judge's firm may appear before another judge of that court, in the associate

90-82_.pdf

Mon, 07 Mar 2005 15:08:21 EST

Opinion 90-82 June 7, 1990 Disest : A part-time judge may represent defendants before a full-time County Court judge in the county where the judge's court is located. Rilles: 22 NYCRR 1C0.5(f) Opinion : criminal defendants in County Court in the same county where the judge presides. Sectzon lOO.S(f)

90-83_.pdf

Mon, 07 Mar 2005 15:08:21 EST

b opinion 90-83 June 7, 1990 Diuest: A part-time judge may not take a six-month leave of absence to accept other employment. Rules : 22 NYCRR 100.5(h) . - . minion : A part-time judge inquires whether he may take a six-month leave of absence to serve as a building code inspector; a position incompat

90-84_.pdf

Mon, 07 Mar 2005 15:08:21 EST

opinion 90-84 June 7, 1990 piucst: A part-time judge, who also is a bandleader, may provide music at a political fundraiser, provided that the .judge charges reasonable and customary compensation for his services. Rules : 22 NYCRR 100.5(h) 100.7. Ominion: years, which performs at private parties, in

90-85_.pdf

Mon, 07 Mar 2005 15:08:22 EST

Opinion 90-85 piaest: A judge's part-time September 18, 1990 law clerk, who is political party c _ Sember, signatures on nominating petitions for political candidates, and may serve on the board of directors of a nonpartisan citizens group. -A&m y solicit Rules: 22 NYCRR 65100.3(b) (5) winiolx may s

90-86_.pdf

Mon, 07 Mar 2005 15:08:22 EST

minion 90-86 S.ePt. 18, 1990 Digest : A Eo-executor under a will, who becomes a full-time judge when administration of the estate has almost been concluded, but has not yet been concluded, must resign as co-executor. Rules: 22 NYCRR lOO.S(d) minion: judicial office, was co-executor of an estate unde

90-88_.pdf

Mon, 07 Mar 2005 15:08:22 EST

opinion 90-88 September 18, 1990 piaest: A full-time judge running for reelecctio may not serve as a member of a Chairman's Club of a county political organization which raises funds to support candidates in' local elections, but the judge's spouse may join the club. u: 22 NYQCR 00100.7. Qs2wsnr A f

90-9_.pdf

Mon, 07 Mar 2005 15:08:24 EST

Opinion 90-9 January 18, 1990 Diuest: A part-time judge may be employed with the United States Census Bureau, but may not serve as a director of tourism with responsibility for soliciting funds . 100.5(b)2) and !h) -Rules : 22 NYm 222 887 ZODa opinion : take positions with the United States Bureau o

90-90_.pdf

Mon, 07 Mar 2005 15:08:22 EST

Opinion 90-90 September 18, 1990 piaest: A part-time judge may serve on a search committee for appointment of a school district superintendent. - 22NYcRR 8100.5(b) QDiXliOq: A part-time judge, who is also a practicing attorney, inquires whether the judge may serve on the search committee in connecti

90-91_.pdf

Mon, 07 Mar 2005 15:08:23 EST

Opinion 90-91 October 31, 1990 Digest: A judge need not affirmativvel disclose the spousal. relationship where the judge's spouse is employed in a large public law office from which another attorney is appearing before the judge, but should re- cuse himself or herself if the spouse has any involveme

90-92_.pdf

Mon, 07 Mar 2005 15:08:23 EST

Opinion 90-92 September 18, 1990 Digest: A part-time judge may not continue to serve on the town council. -Rules: 22 NYCRR SlOO.S(h) 100.7. minion: A part-time judge who serves on the town council and was elected to the town council prior to election to judicial office, inquires whether he may fulfi

90-93_.pdf

Mon, 07 Mar 2005 15:08:23 EST

opinion 90-93 September 18, 1990 Digest: Neither a judge, nor the judge's re-election committee may contact jurors. who have served on cases over which the judge has presided, to participate in the judge's election campaign. A judge should not initiate interviews with jurors after the verdict to det

90-94_.pdf

Mon, 07 Mar 2005 15:08:23 EST

Opinion 90-94 September 18, 1990 Di est: A part-time judge must % isqualify himself or herself in a proceeding where the judge's cousiniinlaw appears as an attornne before that judge, unless, after disclosure. the parties agree that the judge may preside. and (d) w: 22 NYCRR S100.3(C)l)V) ODiaiOn: A

90-95.htm

Thu, 06 Apr 2006 14:45:38 EST

90-97_.htm

Mon, 07 Mar 2005 15:08:24 EST

Opinion 90-97. September 18, 1990. Digest:. A part-time judge may play in a softball game, even though the purpose of the event is to raise money for a charity.Rule:. 22 NYCRR § 100.5(b)2). Opinion:. A part-time judge inquires whether he may participate as a player or umpire a softball game held to

90-98.htm

Thu, 07 Apr 2005 13:25:38 EST

Opinion: 90-98. September 18, 1990. Digest. A part-time judge who is an officer of a charitable organization, may not present an award during a fundraising dinner.Rules. 22 NYCRR § 100.5 (b)2). A part-time judge, who is president of a charitable religious organization, asks whether it is permissible for the judge to p

91_.70.pdf

Mon, 07 Mar 2005 15:12:47 EST

minion 9.1-70 June 13, 1991 DitTeSt: A judge may be honored at a hospital's non-fundraising luncheon. Rules: 22 NYCRR S100.5(b) -minion: A full-time judge asks whether the judge may be honored at an annual, non-fundraising luncheon held by a hospital and children's rehabilitation center. Section 100

91_.72.pdf

Mon, 07 Mar 2005 15:12:48 EST

opinion 91-72 June 13, 1991 I Diaest: A judge may serve as a member of the board of directors of a local bar association, with certain restrictions. -Rules: 22 loyCRR sS100.4(c) 100.7(e) minion: on the board of directors of a local bar association. states that board ahembers have general charge over

91_.78.pdf

Mon, 07 Mar 2005 15:12:48 EST

opinion 91-70 June 13, 1991 p=t: A full-time judge ethically may serve on the IOLA Fund board which adninisters. a fund which assists in providing legal services to the poor, although there may be legal constraints to so serving. E! 22 NYCFS 100.4(C) -oainion: A full-time judge inquires whether the

91_.83.pdf

Mon, 07 Mar 2005 15:12:49 EST

opinion 91-83 Dioest: A judge may speak at a nonfundrrafsin luncheon Of M association of bminess per80~ 22 lopcRR Section 100.5(b) -Rules: minion: A judge inquires whether the fudge may speak at a Seetion 100.5(b) of the Rules of the Chief Admihatranoonfundraising luncheon of a national business ~so

91-01_.pdf

Mon, 07 Mar 2005 15:08:24 EST

Opinion 91-01 January 24, 1991 Digest: A part-time city court judge may preside over cases prosecuted by a part-time city attorney who also appears before the judge when represenntin private clients. e: 22 NYCRR §100.3(c) minion: part-time assistant city attorney, who occasionally serves as prosecut

91-02_.pdf

Mon, 07 Mar 2005 15:08:24 EST

Opinion 91-02 January 24, 1991 Digest: Judges should not attend a post-election political party fundraiser, where the judges' names are the only names on the fundraiser invitation, and where the invitations were mailed without prior knowledge or consent of the judges, and where the format may sugges

91-03_.pdf

Mon, 07 Mar 2005 15:08:25 EST

inion 91-03 January 24, 1991 DiUeSt: ir part-time judge may not serve as a mediator with an agency to which the judge refers'court cases and may not serve as a board member for any conflict resolution center which encampasses such agency. A part-time judge may refer cases to a county mediation servi

91-04_.pdf

Mon, 07 Mar 2005 15:08:25 EST

Cpinion 91-04 January 24, 1991 D- A part-time city court judge m y serve as an arbitrator with a.private arbitration association and need not recuse himself or herself in matters where the city attorney appears, and may serve as an officer of an organization which promotes the effectiveness of the j

91-05_.pdf

Mon, 07 Mar 2005 15:08:25 EST

91-05 , : February 0, 1991 -The Advisory Committee on Judicial Ethics, at its meeting of January 24, 1991, considered your inqJJir (91-051, dated January 4, 1991, whether you may respond to informal requests by friends and relatives for legal advice. It is the Cormittee's opinion that you may offer

91-06_.pdf

Mon, 07 Mar 2005 15:08:25 EST

Opiuion 91-06 Zanuary 24, 1991 Diuest: A part-time judge may not seek election to or sit on the village board as village trustee. Canon 7A(3) of the Code of Judicial Conduct; 22 NYCRR 100.7. w: “WWzon: A part-time judge asks whether the judge may seek Section 100.7 of the Rules of the Chief Administ

91-07_.pdf

Fri, 04 Mar 2005 19:48:11 EST

Opinion 91-07 January 24, 1991 Diaest: A judge may present a paper and give a speech at a sympossiu in a foreign country on the role of the courts, and may accept travel and accanmaodation expenses for the judge and the judge's spouse from the sponsoring institute. -Rules: 22 NYCRR §B100.4(a) 100.6.

91-08_.pdf

Mon, 07 Mar 2005 15:12:21 EST

91-06 FeDruary.8, 1991 The Advisory Camittee on Judicial Ethics, at its meeting of January 24, 1991, considered your inquiry (91-081, dated January 4, 1991, asking whether members of the district attorney's office, public defender's office, probation department and bar association may join the count

91-10_.pdf

Mon, 07 Mar 2005 15:12:23 EST

Opinion 91-10 J a n U q 24, 1991 aa: A judge should not preside over any case i.n which either the law firm or a member of the law firm representing the judge in an automobile accident lawsuit appears. - 22 NYQ(R 6 100.3(C) obinion: involving a law fixm aich is currently representing the judge, thro

91-101_.pdf

Mon, 07 Mar 2005 15:12:21 EST

Opinion 91-101 September 12, 1991 Diaemt: There is no ethical prohibition against a mayor's appointment of a part-time judge's son as an acting part-time .judge of the same court. 22 NYCRR S 100.3(b)4) -Rules : Ooinion: An elected part-time judge, who also is an attorney and law partner with the jud

91-102_.htm

Mon, 07 Mar 2005 15:12:22 EST

Opinion 91-102. September 12, 1991. Digest. A full-time judge may serve as a member of a review board for a research and treatment project planned by a department of the medical school where the judge is on the faculty, provided that the position does not interfere with the proper performance of judicial duties. The j

91-103_.pdf

Mon, 07 Mar 2005 15:12:22 EST

Opinion 91-103 Dlaest: A part-tima lawyer town judge may not represent the town bOarc! in negotiating a contract with that town's police union. -Rules: 22 NYCRR SSlOO.S(h) lOO.S(C)l) 100.3(C)l) minion: A part-time town judge, who also fs a lawyer, ivites whether the judge may represent that town's b

91-104_.pdf

Mon, 07 Mar 2005 15:12:22 EST

Opinion 91-104 - A judge may deliver a speech to the local school district's bua drivers about vehicle and traffic matters, provided the judge's conunentary does not raise questions abut the joeg;eis impartiality with respect to any issues that may come before the judge. -Rules: 22 lopcRR S100.4( mi

91-105_.pdf

Mon, 07 Mar 2005 15:12:22 EST

I Opinion 91-105 Diaest: A judge may inquire am to any possible conflict in appointing counsel and may info= the defendant of the information obtained, and take appropriate action if there is a conflict. -Rules: 22 NYCRR SlOO.Z(a) minion: A judge asks whether the judge can advise defendants of the p

91-106_.pdf

Mon, 07 Mar 2005 15:12:22 EST

I opinion 91-106 Diuest: A part-time judge may accept full-time employment as inhoous counsel for an insurance company unless the insurance company is involved in matters likely to come frequently into the judge's court, but the judge must recuse himself or herself in any matters involving the insur

91-107_.pdf

Mon, 07 Mar 2005 15:12:23 EST

opinion 91-107 September 12, 1991 merest: Two judicial candidates in the same political Party, campaigning for two judicial positions, may issue joint campaign literature, provided the literature discloses that the candidates are not endorsing each other. &us: 22 NyQlR $lOO.t(a) (2) (iii) ObMon: A c

91-108_.pdf

Mon, 07 Mar 2005 15:12:23 EST

IN Opinion 91-108 Diaest: A full-time judge, who rents office space to an attorney, must disclose that relationshhip and may premide over a case in which that attorney participates only with the consent of all parties. and (d) 22 KPCRR lOO.S(c) Rules: 22 loycRR lOO.l(C)l)iii) -minion: an attorney wh

91-109_.pdf

Mon, 07 Mar 2005 15:12:23 EST

Dginion 91-109 Dioest: A part-time judge may tutor a student in a Legal Writing course with Empire State College of the State University of new York and receive payment for such tutorage. -Rules: 22 HPCRR SSlOO.l(a) 100.5(h) 100*6(d)2) minion: prohibition in tutoring a student of Empire State Colleg

91-110_.pdf

Mon, 07 Mar 2005 15:12:23 EST

opinion 91-110 September U, 1991 Dicres+ A judge Should recuse himself or herself in a case where thr defendant is the judge's opponent in the . upcoming judicial elections. ByLeB: 22 NYCRR 0100.3(c) oDinion: A part-time judge asks whether a judge may preside wer a afainal case involving a zoning la

91-111_.pdf

Mon, 07 Mar 2005 15:12:24 EST

I Opinion 91-111 Diaest: A judge should recuse himself or herself in a case where one of the attorneys has accepted an offer to 88-8 as the judge's law assistant. -Rules: 22 NYCRR S100.3(c) minion: attornw, appearing in a case before the judge, has accepted the fudge's offer to serve as the judge's

91-112_.pdf

Mon, 07 Mar 2005 15:12:24 EST

Opinion 91-112 Dicaest: A judge may accept compensation and reimbursement of expenses . incurred while lecturing at a Veterans Administration hospital. -Rules: 22 NYCRR 100.6. Oofnion: check for a lecture concerning the criminal courts conducted at a Veterans Administration hospital (not a state-sup

91-113_.pdf

Mon, 07 Mar 2005 15:12:24 EST

Opinion 91-113 Diaest: Tvo judicial candidates on the same slate, campaigning for two judicial positions, may participate in a joint fundraiise with the proceeds beiag divided between the two campaigns, provided neither candidate comments on the qualifications of or endorses Lhe other. -Rules: 22 NY

91-114_.pdf

Mon, 07 Mar 2005 15:12:24 EST

Opinion 91-114 Diqest: A judge must report to apptopriiat authorities apparent misconduct of a lawyer, if the judge reasonably believes that the misconduct of the attorney was substantial. 22 mCRR 100.3(b) (3) -Ruler: minion: act where the town attorney, who also is a special assistant district atto

91-116_.pdf

Mon, 07 Mar 2005 15:12:24 EST

Opinion 91-116, Octobat 31, 1991 w A judge aay serve as secretary-treasurer of a county magistrates association and may receive dues from attorneys, but the judge should not pareonally solicit . memberohipordues frorr attorneys. Buton: 22 ma3 100.2. osinion: judge, who is the secretary-treasuer of a

91-117_.pdf

Mon, 07 Mar 2005 15:12:25 EST

91-117 September 23, 1991 This will acknowledge, on behalf of the Advisory COEmittee on Judicial Ethics, receipt of your inquiry (91-117) dated September 17, 1991. Collmrittee on Judicial Ethics authorize the C-ttee to render confidential ethical advisory opinions only to judges or justices who soli

91-118_.pdf

Mon, 07 Mar 2005 15:12:25 EST

91-118 September 24, 1991 This will acknowledge, on behalf of the Advisory Committee on Judicial Ethics, receipt of yoor inquiry (91-118) dated September 20, 1991, and received at this office on September 24, 1991. Committee on Judicial Ethics authorize the Committee to render confidential ethical a

91-119_.htm

Mon, 07 Mar 2005 15:12:25 EST

Opinion 91-119. October 31, 1991. Digest. A part-time judge may serve on the advisory committee of a non-profit credit union.. Rules. 22 NYCRR § 100.5 (h). A part-time judge asks if it is permissible to serve on the advisory committee of a non-profit credit union which provides credit services to various

91-12.htm

Thu, 10 Nov 2005 15:32:19 EST

Opinion 91-12. January 24, 1991. Digest. A judge must return unexpended campaign funds to the donor.. Rules. 22 NYCRR §100.7. A judge inquires whether it is permissible to deposit an unexpended campaign donation into an account for the judge’s new judicial campaign, when the donor does not want the d

91-120_.pdf

Mon, 07 Mar 2005 15:12:25 EST

Opinion 91-120 DiUeSt: A judge who had a frequent, professional, ad hoc working relationship with one of the attorneys appearing before the judge, should recuse hfmself or herself for about two years after the relationshhi ends, unless all parties consent to the judge's presiding. Rules: 22 mcRR ss1

91-121_.pdf

Mon, 07 Mar 2005 15:12:26 EST

Opinion 91-121 Diaest: A full-time judge may serve on the board of directors of. a legal teferral pwject of the local bar association. 22 l o p a 100.4(c) and -Rules: 100.9 (b) (1) minion: Several full-time judges of a county inquire whether one of them may serve on the board of directors of a legal

91-124_.pdf

Mon, 07 Mar 2005 15:12:26 EST

Opinion 91-124 Diaest: A part-tlme judge's service on a stop/Dwf advisory board is a conflict of interest and incampattlbl with U s or her duties and responsibilities as a judge presiding ovef drunk dxiving cases. The judge should discontinue membership. -Rules: 22 NYCm SslOO.l(a) lOO.S(b) 100.4; lO

91-125_.pdf

Mon, 07 Mar 2005 15:12:26 EST

I Opinion 91-125 Dfuest: A judge should disqualify herself or himself in all matters where the judge's daughter-in-law is employed by a law finn representing one of the parties, unless, after disclosure of such fact, on the record, the parties Jaive such disqualification. * 22 mm S100.3(C)l)V) 22 NY

91-127_.pdf

Mon, 07 Mar 2005 15:12:26 EST

1 Opinion 91-127 Dioest: A part-time judge may serve as a private investigator for several attorneys, but must disqualify himself or herself if a lawyer-employer appears in the judge's court. -Rules: 22 NYCRR SlOO.S(h) minion: A part-time judge asks whether the judge may accept employment as an inve

91-128_.pdf

Mon, 07 Mar 2005 15:12:26 EST

91-128 November 19, 1991 The AWisory Committee on Judicial Ethics, at its meeting of October 31, 1991, considered your hquiry 91-118, about whether a judge may speak or receive M honor at local legal services organization*s fundraising dinner. Chief Administrator states that a judge "shall not perso

91-129_.pdf

Mon, 07 Mar 2005 15:12:27 EST

Opinion 91-129 Diuest: There is no requirement per se that a part-time judge recuse hlmself or herself from a nan-jury trial where the defendant was campaigntreaasure for the judge's opponent two years ago and where a retired judge of the same court represents the defendant. -Rules: 22 NYCRR S100.3.

91-130_.pdf

Mon, 07 Mar 2005 15:12:27 EST

Opinion 91-130 October 31, 1991 Diaest: A judge is not disqualified from presiding over a case bvolving a defendant who has commenced another action b whlch the judge is named as a defendant together with practically every judge in the state. -Rules: 22 loyQlR 5100.3(c) Ocdnion: t o preside over a c

91-131_.pdf

Mon, 07 Mar 2005 15:12:27 EST

Opinion 91-131 October 31, 1991 DiUeSt: A judge need not disqualify himself or herself from a pending ClMS action, where one of the members of the class, in an individual CapCitY, is the fudge's campaign treasurer. -Rules: 22 IeYCRR S100.3(c) minion: A judge who is a candidate for another judicial o

91-132_.pdf

Mon, 07 Mar 2005 15:12:28 EST

bpinion 91-132 October 31, 1991 Ditaest: A judge may not attend M appxeciation luncheon held by relatives of murder victims over whose trial the judge presided. M: 22 m!m SlOO.a) minion: A judge has received an invitation from the daughter of two murder victims to attend a luncheon to thank friends

91-133_.pdf

Mon, 07 Mar 2005 15:12:28 EST

I Opinion 91-133 OctoQer 31, 1991 Digest: A part-time judge k y hold both the officea of Village Justice and Acting City Court Judge. -Rulea: 22 WYCRR SlOO.S(h) minion: permissible to hold a part-time.position of Acting City Court Judge. strator permita part-time judges to accept public employment t

91-134_.htm

Mon, 07 Mar 2005 15:12:28 EST

Opinion 91-134. October 31, 1991. Digest. A part-time judge may hold employment as a federal customs inspector.. Rules. 22 NYCRR § 100.5 (h). A part-time judge, whose court has jurisdiction over no criminal matters except violations of traffic laws and the village code, asks whether it is permissible to hold employm

91-136_.pdf

Mon, 07 Mar 2005 15:12:28 EST

Opinion 91-136 Diaest: A judge may accept an attorney's invitation to attend the opening of the attorneyes new law office. -Rules: 22 HPCRR S100.2. Orhion: attorney's invitation to attend the opening of the attorney's new law office. requires judges to avoid impropriety and the apparance of impropri

91-137_.pdf

Mon, 07 Mar 2005 15:12:29 EST

Opinion 91-137 Diaest: A judge My issue a declaration stances involved in an agreeamnt, which the judge negotiated while in private practice years ago. about the facts and circum-Rulesr 22 mCRR 100.2. minion: negotiated an enrplayrpent agreement on behalf of a client/actor with a corporation. disput

91-138_.pdf

Mon, 07 Mar 2005 15:12:29 EST

Opinion 91-138 Dioest: A part-time judge may not be the honoree at &charitable fundraising testimonial dinner. -Rules: 22 t?YCRR 100.5(b)2) minion: A judge asks wheiher a part-time judge may be the honoree at a charitable fundraising testimonial dinner. Section 100.5(b)2) of the Rules of t5e Chief A

91-139_.htm

Mon, 07 Mar 2005 15:12:29 EST

Opinion 91-139. October 31, 1991. Digest:. A judge may participate in a panel discussion about raising the age of Persons in Need of Supervision from 16 years to 18 years.Rules:. 22 NYCRR 100.4(a). Opinion:. A family court judge has been invited to participate in a forum conducted by a county advisory commi

91-14_.pdf

Mon, 07 Mar 2005 15:12:31 EST

91-il February 8, 1991 The Advisory Committee on Judicial Ethics, at its meeting of January 24, 1991, consi&ered your inquiry (91-14) dated January 14, 1991, as to whether judges may serve as character witnesses for candidates to the New York State bar. In Opinion 88-166, a copy of which is enclosed

91-142_.pdf

Mon, 07 Mar 2005 15:12:29 EST

Opinion 91-142 DiueBt: A judge may accept a lunch invitation at a subsidized cafeteria owned and operated by a private corporation, where the corporation has no mattepenndin before the judge. 7 RuleB: 22 UYCRR 100.2. minion : in an office building with a private corporation which operates a subsidiz

91-143_.pdf

Mon, 07 Mar 2005 15:12:30 EST

0p-a 91-143 December 5, 1991 Dimst: A part-t&e judge, who 1s a -partner in a law firm, should not reta ai de over matters handled by a former associate oi that fism for a two-year period running from the date the former associate leaves emplopant. 22 NrcRs 100.3(c) and lOO.l(d) -Rules: minion: inqui

91-144_.pdf

Mon, 07 Mar 2005 15:12:30 EST

Opinion 91-144 December 5, 1991 Dioest: A part-time lawyer-judge may serve as county attorney or social services attorney, provided the judge does not have to r e m e himself or herself too frequently. -Rules: 22 mCRR lOO.S(f) loo.s(a) minion: A part-time judge inquires about serving by appointment

91-145.htm

Mon, 12 Dec 2005 18:04:06 EST

Opinion 91-145. Digest:. A judge may not over the objection of a party preside over a case involving a not-for-profit property owners’ association of which the judge is a member.Rules. 22 NYCRR § 100.2, 100.3 ( c)iii) Judiciary Law § 14.. A part-time judge, who owns a lot in a development and is a member of the n

91-146_.pdf

Mon, 07 Mar 2005 15:12:30 EST

Opinion 91-146 D e e r 5, 1991 D- Ajudgeneed not disqualify himself or herself from hearing a matter where one of the litigants was the judge's opponent in the last election. 22 NYQCR 100.3 (C) (1) Buhe: w: A judge asks for what period of time the judge &ad15 disqualify himself or herself from heari

91-147_.pdf

Mon, 07 Mar 2005 15:12:30 EST

Opinion 91-147 December 5, 1991 Diuest: A part-time judge's law firm m y not serve as attorneys for the town where the judge works, aa this would result in too many disqualifications by the ¶UdP -Rules: 22 mait slOo.S(c) Binion: town officials to repmwent the town. The judge request8 an Section lOO.

91-148_.pdf

Mon, 07 Mar 2005 15:12:31 EST

Opinion 91-148 Deceu&wr 5* 1991 Diuest: A judge may ape& at A town hearing about the town budget, but only AB it relates to a e law, the legal -tern or the admbistration of justice. -RUleS: 22 RpcRR SSlOO.4(b) -minion: town hearing about adoption of the town budget. speaking wr topics permitted by s

91-149_.pdf

Mon, 07 Mar 2005 15:12:31 EST

on 91-149 = A p a r t + -jwtfm may continue to serve M a civilian eaiployee of the state oolice, provided that the judge disqualifies W o l f or herself in all Mtters involving the state police and provided that these disqualifications are nQt't00 frequent . -mu: 22 lopQcR SlOO.S(h) QRuQa: A part ti

91-15_.pdf

Mon, 07 Mar 2005 15:12:33 EST

I I I I 91-15 February 0, 1991 -The Advisory Ccrmmittee on Judicial Ethics, at its meeting of January 24, 1991, considered your inquiry (91-151, dated January 16, 1991, as to whether you may serve as a member of a school district resident's group, and whether you may participate in the PTA and in bo

91-150_.htm

Mon, 07 Mar 2005 15:12:31 EST

Opinion 91-150. Digest. A housing judge may enter into a residential lease with a landlord who was the judge’s former client, but may not sit on any matters affecting the landlord or the building.Rules. 22 NYCRR §100.3(c). A recently appointed housing judge asks whether it is permissible to rent a

91-151_.pdf

Mon, 07 Mar 2005 15:12:32 EST

91-151 December 18, 1991 The LLdvisory coaaarittea on Judicial Ethicsd, a t its meeting of December 5, 1991, considered yoor inquiry (91-151) concernfag whether yo0 rnay sign for a liquor license in your capacity as an officer of a copies of which are enclosedd, your name may appear on the liquor li

91-152_.pdf

Mon, 07 Mar 2005 15:12:32 EST

Opinion 91-152 December 5, 1991 m: A judge's law clerk, who was fonoerly M assistant district attorney, may assist the judge on all matters, except matters on which the law clerk worked or obtained Momation by reason of employment as a district attorney. BlrLra: 22 rnCRR:I 100.2. Qbinion: would exis

91-153_.pdf

Mon, 07 Mar 2005 15:12:32 EST

opinion 91-153 December 5.8 1991 -m2: A part-tfme judge may serve on a task force of the county health department whose functions are putely dUCatiOM1 -Rules: 22 IWRR S100.5(h) and (g) -minion: senm on an injury prevention task force operated by the county health department, which will gntroduce pro

91-154_.pdf

Mon, 07 Mar 2005 15:12:32 EST

Ophhn 91-154 m: Ajudge, vho foxnorly vas an assistant district attornoy, may prosido wer vehicle and traffic violations and driving a 1 0 intoxicated cases, prwidod tho judge vu not bvolvod in the cases before Buus: 22 NYSYQLR ~100.2. going =the b a a . -mlnan: A ncontly appointed part-tim. judge, v

91-18_.pdf

Mon, 07 Mar 2005 15:12:33 EST

Opinion 91-18 March 14, 1991 I I Dioest: A part-time judge may assign 18-B cases to an attorney whose relative l is a member of a governing board of the municipality, provided that the judge does SO I on the basis of merit and fairness. I m: 22 NYCRR blO0.3(b)4) minion: assigning a case to an attorn

91-19_.pdf

Mon, 07 Mar 2005 15:12:33 EST

Opinion 91-19 Mar& 14, 1991 Diaest: A judge may write a letter to prospective college students. which sets forth the judge's.feelings about the college, the judge's alma mater, and personal information about the judge's legal career. 100.5(b)2) -Rules: 22 NYCRR §100.5(b) and -Opinion: A full-time ju

91-20_.pdf

Mon, 07 Mar 2005 15:12:33 EST

Opinion 91-20 March 14, 1991 Diaest: A part-time judge may not volunteer to help set up a victim impact panel to which the judge would then refer drunk driving defendants as part of their sentence. 100.3(a)l) w: 22 NYm 45100.2; -minion: rnagiktrates' association, inquires whether the judge may volun

91-21_.pdf

Mon, 07 Mar 2005 15:12:33 EST

opinion 91-21 March 14, 1991 Dioest: A judga should not undertaak the affirmative obligation of watching for a future arraign-merit in order to notify a newspaper of the date. -w: 22 NYCRR 5100.2. minion: priate to respond to a request by a local newspaper that the judge telephone the newspaper in t

91-23_.pdf

Mon, 07 Mar 2005 15:12:34 EST

opinion 91-23 March 14, 1991 Diaest: A full-time judge may serve as a member of the board of directors of a charitable, educatioona and scientific, not-for-profit organizattion provided that the judge does not participate in the solicitation of funds or use his or her office for that purpose. w: 22

91-24_.pdf

Mon, 07 Mar 2005 15:12:34 EST

Opinion 91-24 March 14, 1991 Disest: A judge's election committee may purchhas tickets to political functions, for the judge and spouse, for six months following the general elections. -Rules: 22 NYCRR 8100.7. Opinion: proper for the judge's campaign committee to purchase tickets to a political func

91-25_.pdf

Mon, 07 Mar 2005 15:12:34 EST

Opinion 91-25 March 14, 1991 Digest: A judge need not recuse himself or herself from participation in an action, when the judge was a witnees in a separate perjury proceeding,against the defendant. -Rules: 22 NYCRR §100.3(c)l) Opinion: A judge is presiding over a criminal matter, in which the defend

91-26_.pdf

Mon, 07 Mar 2005 15:12:34 EST

Opinion 91-26 March 14, 1991 Digest: A full-time judge may not serve as a municippa environmental hearing .officer. Rules: 22 NYCRR §100.5(g) 100.5(h) -Opinion : as an environmental hearing officer with a town. officer, the judge does not get paid by the town, nor does the judge issue decisions or r

91-27_.pdf

Mon, 07 Mar 2005 15:12:35 EST

Joint Opinion 91-27; 91-49 April 25, 1991 Uaesg: A judge, running for re-election, may not agree to accept one political party's designation conditioned upon declining any offer of nomination for the same position by another political Party -a u m 22 NYCRR ~1Oo.l; 100.2(a) 100.3 (a) (1) : 100.7 (e)

91-29_.pdf

Mon, 07 Mar 2005 15:12:35 EST

opinion 91-29 April 25, 1991 piaeot: A part-time judge should not serve as counsel to an organization of police juvenile officers. lOO.S(h) u: 22 NYCRR gg100.2: oninion: A part-time judge inquires whether the judge may seme as counsel to an association of police juvenile officers, on a pro bo-basis.

91-31_.pdf

Mon, 07 Mar 2005 15:12:35 EST

opinion 91-31 March 14, 1991 Diiaest: A full-time judge with certain limitations may serve as president of a local historical society. 22 NYCRR b5100.4 and 100.5(b) -Rules: . Opinion : president of a local historical society which is devoted to preserving an old courthouse and other sites of histori

91-32_.pdf

Mon, 07 Mar 2005 15:12:35 EST

nu Opinion 91-32. April 25, 1991 Diaest: A judge need not recuse himself or herself or disclose a prior attorney-client relationnshi with a town board member in a case before the judge involving the town. -Rules: 22 NYCRR SlDO.d) minion: private practice of law, the inquiring full-time judge represe

91-33_.pdf

Mon, 07 Mar 2005 15:12:36 EST

Opinion 91-33 March 14, 1991 Diuest: A full-time judge may serve on the board of directors of a social services organization, but may not permit his or her name to be used in connection with the solicitation of funds. m: 22 NYCRR S100.5(b) -minion: serve on the board of directors of a social service

91-35_.pdf

Mon, 07 Mar 2005 15:12:36 EST

opinion 91-35 March 14, 1992 Piaest: A part-time judge may serve as member of a municipal ethics committee. \S100.5(b) and Rules : 22 NYCRR (h) * mini on : judge may accept an appointment to the municipality's ethics committee. The committee's task is to revise the local code of ethics, which would

91-36_.pdf

Mon, 07 Mar 2005 15:12:36 EST

opinion 91-36 June 13, 1991 m: wimn an administratiiv judge receives a complaint from an attorney that amn-lawyer part-time judge inappropriately is using the court to collect debts, the administrative judge may initiate a-iotrative rather than disciplinary amasures to cea6e the practice. -mSE: 22 R

91-37_.pdf

Mon, 07 Mar 2005 15:12:36 EST

opinion 91-37 March 14, 1991 Digest: A judge's campaign committee may solicit funds commencing nine months before the judicial nominating conventLon, and the judge may attend f undraising functions of the committee, but may not personally solicit funds. Canon 7 of the Code of Judicial Conduct. -Rule

91-39_.pdf

Mon, 07 Mar 2005 15:12:37 EST

opinion 91-39 March 14, 1991 D-t: (11 A judge's spouse has no veto power over the judge's obligation to comply with valid disclosure regulations and to furnish information about the spouse's finances. ( 2 ) A judge may hold pretrria conferences, but may not have ex Parte conversatioons without the c

91-40_.pdf

Mon, 07 Mar 2005 15:12:37 EST

Opinion 91-40 mrch 14, 1991 picrest: A supreme court Justice may not serve on a statutory committee which advises the state conmLissioner of health on matters relating to organ transplant procurements. pules : 22 NYCRR $100.5(g) Article 6, $2O(b)l) of the New York . State Constitution. minion: A jus

91-41_.pdf

Mon, 07 Mar 2005 15:12:37 EST

Opinion 91-41 April 251 1991 Diqest: Tickets for a non-fundraising dinner of a judge's association should be sold directly by the association, rather than by individual members. 22 NYCFtR sslOO.a) and (c) -Rules: ODinian : association, asks whether the association may sell tickets to non-members for

91-42_.pdf

Mon, 07 Mar 2005 15:12:37 EST

opinion 91-42 March 14, 1991 Digest: A judge may serve as keynote speaker and receive a plaque at a non-fundraising annual awards dinner of a charitaabl organization. w: 22 NYCRR §100.5(b) -Opinion: appropriateness of accepting an invitation to be a keynote speaker or to accept a plaque at an annual

91-43_.pdf

Mon, 07 Mar 2005 15:12:38 EST

Opinion 91-43 April 25, 1991 Digest: A full-time judge should not serve as president of a charitable organization which provides services and support to women offenders, as this might create an appearance of partiality. The judge cannot preside at the organization's annual dinner if the dinner is a

91-44_.pdf

Mon, 07 Mar 2005 15:12:38 EST

opinion 91-44 March 14, 1991 pioest: A judge may meet with the head of a local political committee prior to becoming an announced candidate, to discuss the possibility of becoming a candidate for another judicial office. m: 22 NYCRR 6100.7. QRj&m: meet w i t h the chair of a local political committe

91-46_.pdf

Mon, 07 Mar 2005 15:12:38 EST

91-46 March 26, 1991 The Advisory Committee on Judicial Ethics, at its meeting of March 14, 1991, considered your inquiry (91-461, dated March 12, 1991, inquiring whether you may write a letter, at the request of a close friend, to a judge in connection with your friend’s criminal sentencing. previo

91-47_.pdf

Mon, 07 Mar 2005 15:12:38 EST

3n 91-47 Diqest: A judge may preside over cases where one of the 25, 1991 law firms involved has a senior partner who is a first cousin to the judge's son-in-law, if the judge feels that he or she can be impartial. -Rules: 22 NYCRl? S100.3(c)l)v) -W M 4 WLW JOWP -N ELLEN SMTMBEffi 211417.1000 Opinio

91-48_.pdf

Mon, 07 Mar 2005 15:12:38 EST

ADVISORY COMMtlTEE ON JUDICIAL ETHICS C/O OFFICE OF COURT ADMiNlSTRATlON 270 BROADWAY. ROOM 1401 NEW VWK. NEW VORK 1ooQ7 SAMUEL J YLVEWN Co. LoutSC OENZA Diaest : Rules : -A'judge may continue to preside over a case and render a decision in that case where a party has sued the judge in a related mat

91-49_.pdf

Mon, 07 Mar 2005 15:12:39 EST

91-50_.pdf

Mon, 07 Mar 2005 15:12:39 EST

Opinion 91-50 April 25, 1991 Digest: A judge may accept an unsolicited nominal gift from a student, in appreciaatio or the extra time the judge has spent explaiinin the law to the student. Rules: 22 NYCRR S100.5(3) Opinion: A judge inquires whether it is permissible for the judge to accept an unsoli

91-51_.pdf

Mon, 07 Mar 2005 15:12:39 EST

Opinion 91-51 April 25, 1991 Diuest: Absent a statutory disqualificaation whether a parttiim judge should discontinue his or her prior voluntary recusal in matters pertaining to an attorney and the attorney's law firm, is solely within the conscience and dis et on of the 'udge, subject 22 NYCRR SSl0

91-52_.pdf

Mon, 07 Mar 2005 15:12:40 EST

I Opinion 91-SZ April 25, 1991 Diaest: A judge who has commenced a medical malpractice suit on behalf of the judge's infant child does not have to recuus himself or herself from any case in which an attorney representing a defendant in the malpractice action appeear before-the judge, unless the judg

91-54_.pdf

Mon, 07 Mar 2005 15:12:40 EST

Opinion 91-54 April .2S, 1991 piaest: A part-time judge may not permit a town constable, who is also the court officer in the judge's court, to act simultaneously as prosecutor in cases involving violations oi town ordinances. m: 22 NYCRR JP100.2; 100.3(b) (1) (2) OPinion: A part-time judge inquires

91-55_.pdf

Mon, 07 Mar 2005 15:12:40 EST

Y Opinion 91-55 April 25, 1991 Diuest: Part-time judges may march in a parade celebrating a county bi-centennial and the end of the war in the Persian Gulf. -Rules: 22 NYCRR s100.2. minion: strates' association nmy include a float, displaying the group's banner, in a community parade celebrating bot

91-56_.pdf

Mon, 07 Mar 2005 15:12:40 EST

N Opinion 91-56 June 13, 1991 Digest: A judge is not disqualified from presiding at a trial merely because an expert witness is a.business partner of the judge's spouse, but the judge should disclose the relationship, and, unless all parties consent, the judge should disqualify himself or herself in

91-57_.pdf

Mon, 07 Mar 2005 15:12:40 EST

I Opinion 91-57 April 25, 1991 Diuest: Judges may invite former judges to luncheon meetings, but should not discuss, in the presence of former judgees any presently pending matters or other matters inappropriate for discussion before non-judge attorneys. In CO- such former judges should be addressed

91-59_.pdf

Mon, 07 Mar 2005 15:12:41 EST

opinion 91-59 April 25, 1991 piaest: A judge may not provide a letter of reference relating to a law firm's performance in medical mdlpractice cases in advance, but if contacted directly by a municipal health and hospital corporation, may give an opinion about the law firm. -M: 22 NYCRR $lOO.Z(C) QE

91-61_.pdf

Mon, 07 Mar 2005 15:12:41 EST

m Opinion 91-61 April 25, 1991 Diaest: A judge cannot receive an award or serve as an honoree at a brunch held by a charitable foundation as the brunch has 'a f.undraising aspect. 7 Rules: 22 NYCRR 5100.5 (b)2) minion: A judge inquires as to the propriety of receiving an award at the brunch held by

91-63_.pdf

Mon, 07 Mar 2005 15:12:41 EST

I Opinion 91-63 April 25, 1991 Diaest: A part-time judge is disqualifiie from presiding over a case in which one attorney is also an elected village trustee who participates in setting the judge's salary -Rules: 22 NYCRR S100.2(a) minion: over a criminal case in which the defense attorney is also an

91-66_.pdf

Mon, 07 Mar 2005 15:12:41 EST

I Opinion 91-66 April 25, 1991 Digest: A part-time judge ethically may hold a full-time position as a United States Federal Magistrate. w: 22 NYCRR SlOO.S(h) minion: A part-time judge asks if there is any conflict in occupying both a position as part-time judge and a full-time position as United Sta

91-67_.pdf

Mon, 07 Mar 2005 15:12:42 EST

IN Opinion 91-67 April 25, 1991 Y Digest: A recently elected judge may not attend a dinner sponsored by a political party at any time, even one day, after the six-month period following election. -Rules: 22 NYCRR Sl00.7(a)l) -minion: may attend a dinner sponsored by a political party held six months

91-68_.pdf

Mon, 07 Mar 2005 15:12:42 EST

n Opinion 91-68 June 13r 1991 Digest: A judge may not be a member of any political club or organizatiion nor contribute to any political campaign, nor pay any political dues, but may be an enrolled 'meqber of a political party. 100.7(d) Rules: 22 NYCRR SS100.7; 100.7(b) Opinion: inquires whether a j

91-68_revised_.pdf

Mon, 07 Mar 2005 15:12:42 EST

opinion 91-68 October 28, 1993 p ) . : A judge may be enrolled as a member of a political party, but may not be a member of any political club or organization, nor pay any political dues, nor contribute to any political campaign except his or her own. 22 NYCRR SSl00.7; 100.7(b) ; 100.7(d) Buss: Opin

91-69_.pdf

Mon, 07 Mar 2005 15:12:42 EST

IN Opinion 91-69 June 13, 1991 Diaest: A full-time judge, who serves as a trustee of a charitable organization, may not have his or her name listed in any funding application by the organization unless a grant application requests the names of all trustees, but the judge's name may be listed on non-

91-73_.pdf

Mon, 07 Mar 2005 15:12:42 EST

IN opinion 91-73 June -13, 1991 Digest: A judge may preside over a case involving the same defendant whom the judge formerly prosecuted when the judge was a prosecutor. Rules: 22 NYCRR 100.3(C) * -ODinion: A part-time judge asks whether the judge may preside over a zoning law violation case involvin

91-74_.pdf

Mon, 07 Mar 2005 15:12:43 EST

N Opinion 91-14 June 13, 1991 Digest: Judges, and a law firm whose name includes a part-time judge's name, may not be listed on a bar association letter used to solicit funds but may be listed on nonfundrraisin letters. 22 NYCRR S100.4(c) -Rules: 22 NYCRR S100.5(b)2) Opinion : -A part-time judge who

91-75_.pdf

Mon, 07 Mar 2005 15:12:43 EST

Opinion 91-75 June 13, 1991 Diaest: A judge may serve in an advisory capacity to a bar association's continuing legal education program and be listed in its mailings which advertise educational programs, although fees are charged for participation. -Rules: 22 N!lCR?l 100.4(a)c) minion: A full-time j

91-77_.pdf

Mon, 07 Mar 2005 15:12:43 EST

Opinion 91-77 June 13, 1991 p a t : A court attorney working with a fulltiim judge may participate in the political campaign of a spouse. w: 22 NYCRR 6100.3(b) (5) minioq: attorney whose spouse is campaigning for a council seat, may serve as treasurer: attend fundraising dinners: attend speaking eng

91-79_.pdf

Mon, 07 Mar 2005 15:12:44 EST

Opinion 91-79 June 13, 1991 piuest: A judge may not use unexpended campaign funds to purchase a vord processor for use at home. Canon 7(B) (2) of the Code of Judicial Conduct. mluki: 22 NYCRR 100.2, -Q&lA: A full-time judge asks whether the judge use unexpended campaign contributions held by ths jud

91-80_.htm

Mon, 07 Mar 2005 15:12:44 EST

Opinion 91-80. September 12, 1991. Digest. A court clerk, who is not a personal appointee of a judge, may engage in political activities outside of court facilities.Rules. 22 NYCRR 100.3 (b) (5). A judge asks whether a part-time court clerk in the judge’s court, who was appointed by the town boa

91-81_.pdf

Mon, 07 Mar 2005 15:12:44 EST

opinion 91-81 September 12, 1991 Diaest: A part-time judge, who also is a high school teacher, may preside over a case where one of the attorneye is the judge's fozmer student, provided the judge believes he or she can be inpartial. -Rules: 22 NYCRR Q100.3(c) and (d) minion teacher, asks uhether it

91-82_.htm

Mon, 07 Mar 2005 15:12:44 EST

Opinion: 91-82. September 12, 1991. Digest. A judge should comply with a lawful subpoena from an Appellate Division Attorney Disciplinary Committee and should not have anyex parte. discussions about the case with anyone (except the judge’s staff, etc. while the case is pending bef22 NYCRR § 100.2, 100.3 (a) (4).

91-84_.pdf

Mon, 07 Mar 2005 15:12:44 EST

Opinion 91-84 September 12, 1991 Diuest: A judge may hold office where the judge's father is the town's ordinance.and building code.enforcement officer, but must disqualify himself or herself in any matter involving the judge' s father. -Rules: 22 mCRR E100.3(c) . minion: A judge asks whether the ju

91-85_.pdf

Mon, 07 Mar 2005 15:12:45 EST

opinion 91-85 September 12, 1991 Diaest: A judge's spouse.may serve as the caapaign manager for a candidate seeking politiica .office. -Rules: 22 NYCRR S100.7 minion: A judge inquires whether the judge's spouse may serve as campaign manager for a candidate seeking re-election to a political office.

91-86_.pdf

Mon, 07 Mar 2005 15:12:45 EST

Opinion 91-86 September 12, 1991 'Dltrest: A part-time judge, who also i8 an attorney, may 18-8 attorney from any nonlawwye part-time judge 8eated in the 8ame county, except from one in the judge's Owll court. 12 hCRR SlOO.S(f) and (h) A r t . 18-8 County Law I accept amsigrrplent a8 an -Rules: mini

91-87_.pdf

Mon, 07 Mar 2005 15:12:45 EST

Opinion 91-87 Diuest: A judge's campaign comaittee may us6 unexpended campaign contributions to purchase word processing and computer equipment and microphones solely for use in the court. 7(b)2) code of Judicial conduct. Rules: Election Law Sl4-130, Canon -minion: judge.8 campaign committee to use

91-89_.pdf

Mon, 07 Mar 2005 15:12:45 EST

opinion 91-89 Diaest: This Committee cannot advise a judge, who i s a member of the board of diteetorcr of a community service organization, how to perform duties as a PLBlPbef of the board of directors. -Rules: 22 lopQIR 44100.2, 100.5. mini on: directors of an alternative incarceration program, as

91-90.htm

Mon, 12 Dec 2005 18:04:07 EST

Opinion 91-90. September 12,1991. Digest:. An acting part-time village justice may serve as the attorney for the village board of zoning appeals.Rules. 22 NYCRR 100.5(h). An attorney, who has represented a village’s board of zoning appeals on a case by case basis, inquires whether it would be ap

91-91_.pdf

Mon, 07 Mar 2005 15:12:46 EST

Opinion 91-91 -2 A pCrit-the judge MY not B e m e on a e- advisory committee olhich recommen~ candidates for appointamnt to military acaddeo. l?u&u: 22 NYCRR t100.5(g) Qniwm: A part-tima judgo as10 vhether opinion 89-132, Vol. V, of this carnmittaa, which stated that full-time judges my not senm on

91-92_.pdf

Mon, 07 Mar 2005 15:12:46 EST

opinion 91-92 DiUe6t: a fudge m y be honored by a United Way affiliated organization at a non-fundraising dinner. -Rules: 22 NXCRR 100.t(b) ODlniOn: A judge inquire8 whether the judge lpay accept an awasd in recognition of past work in the area of domestic violence at a non-fundraising dinner of a g

91-93_.pdf

Mon, 07 Mar 2005 15:12:46 EST

September 27, 1991 91-93 The Committee on Judicial Ethiccl, at its meeting of September 12, 1991, considered your inquiry a8 to whether attorneys who regularly represent the town may represent private clients in the town court, and whether opinion 88-52, Vol. 0, still represents the view8 of thfs Co

91-94_.pdf

Mon, 07 Mar 2005 15:12:46 EST

Opinion 91-94 2&9& A judicial candidate MY reimburse a caatpaign cdttee, repr~antiag a slate of candida- for his or her proportionate share of the costs. A judicial Cwdate m y appear in public and may campaign door-todoor vith other candidates-on the same slate, and may purchase ticket. to and atten

91-96_.pdf

Mon, 07 Mar 2005 15:12:47 EST

Opinion 91-96 septarpbar 12, 1991 piuest: A judicial candidate may not circulate individual nominating petitions of other election candidates, but may circulate petitions for a slate of -caadidatesvhich includes the judge. Canon 7 of the Code of Judicial Conduct. 22 NYCRR $100.7(C) ; Ellh%S: QQinka:

91-99_.pdf

Mon, 07 Mar 2005 15:12:47 EST

Opinion 91-99 Diuest: A full-tfme judge may serve as a co-chair of a Columbus quincentennial celebration, provided the judge's name is not used for fundraising. -rule^ 22 NXCRR 100.S(b)2) mini on: A full-time judge inquires whether the judge may 88-e as a eo-chair of a quincentennial celebration of

92-01_.pdf

Mon, 07 Mar 2005 15:12:49 EST

Opinion 92-01 May 7, 1992 Digest: A judge should disqualify himself OR herself where a party before the judge is a former client, if the representation was within the past two years. If more than two years ago, the judge should make full disclosure on the record, and should disqualify himself or her

92-05_.pdf

Mon, 07 Mar 2005 15:12:49 EST

1 Opinion 92-05 January 30, 1992 Diuest: A judge may accept employment as an adjunct law professor at a private university and may receive standard compensation and benefits for teaching a regular course. and (d) Rules: 22 NYCRR SS100.4(a) 100.6(a) Opinion: an adjunct law professor, teaching regular

92-07_.pdf

Mon, 07 Mar 2005 15:12:49 EST

I Opinion 92-07 January 30, 1992 Diqest: Judges who are members of a judicial association may solicit other judges to join. -Rules: 22 NYCRR S100.4; Proposed Model Code of Judicial Conduct, S4C(3)b)iii) Opinion: of a private luncheon club, may solicit other judges to become club members. Section QC(

92-08_.pdf

Mon, 07 Mar 2005 15:12:50 EST

92-08 February 18, 1992 The Advisory Committee on Judicial Ethics, at its meeting of January 30, 1992, considered your inquiry about employment as a private investigator. You may semre as a private investigator, but you should recuse yourself in any matters in which you have acted as an lnvestigafor

92-09_..pdf

Mon, 07 Mar 2005 15:12:50 EST

N Opinion 92-09 January 30, 1992 1 Diqest: A part-time judge may accept employment as a town park manager, but must disqualify himself or herself in all matters involving the town or the park. Rules: 22 NYCRR SlOO.S(h) *inion: employment as manager of a town park, whose duties would include reorgani

92-10_.pdf

Mon, 07 Mar 2005 15:12:53 EST

IN Opinion 92-10 Diaest: Town Justice Court employees, January 30, 1992 tees of a justice and members who are not personal appoinoo the justice's personal staff, may engage in political activities, with certain exceptions, outside of court facilities and on their own time. 25.39(e) -Rules: 22 NYCRR

92-100_.pdf

Mon, 07 Mar 2005 15:12:50 EST

Opinion 92-100 Diqest: A part-time judge, who is a member of the board of directoor of a symphony orchestra, may not participate in a fund drive, by recruiting, instruuctin and monitoring the activities of other fundraissers -Rules: 22 NYCRR 100.5(b)2) sinion: A judge, who is a member of the board o

92-102_.pdf

Mon, 07 Mar 2005 15:12:50 EST

Opinion 92-102 September 24, 1992 Diaest: A judge may participate in a private commitment ceremony between two persons of the same gender wh@re it is not suggested that the ceremony is a marriage ceremony and the judge is participating in a personal non-judicial capacity. Rules: 22 #yCRR 100.2. -min

92-103_.pdf

Mon, 07 Mar 2005 15:12:51 EST

Qpinion 92-103 Diqest: A full-time judge may serve as a member of the board of directors of a Civic, educatioonal not-for-profit organization, provided that the judge does not participate in the solicitation of funds. Rules: 22 tGKRR 100.5(b) -minion : the board of directors of a not-for-profit corp

92-104_.pdf

Mon, 07 Mar 2005 15:12:51 EST

I Opinion 92-104 September 24, 1992 Diuest: Unexpended campaign funds from a judicial campaign may be used to purchase office equipment for the judge, which becomes the property of the state court system. Judicial Conduct. -Rules: Canon 7(b)2) of the Code of minion : use unexpended campaign contribu

92-105_.pdf

Mon, 07 Mar 2005 15:12:51 EST

opinion 92-105 Diqest: A court clerk, who is the spouse of a part-time judge, may not serve as the chairperson of a political party. Rules: 22 roycRR 25.39(e) -minion: of a part-time judge, may serve as the political W y chairperrso for that town. As the judge's spouse is an employee of the Unified

92-106_.pdf

Mon, 07 Mar 2005 15:12:52 EST

opinion 92-106 September 24, 1992 p m : A full-time judge may serve as a member of a national commission on unciform state laws and on an advisory board of a public university as a matter of judicial ethics, but the Committee is not authorized to detendne if there is any legal barrier u: 22 ETyQ(R 1

92-107_.pdf

Mon, 07 Mar 2005 15:12:52 EST

Opinion 92-107 September 24, 1992 Y Diaest: A judge need not recuse himself or herself in a class action settleawnt, where the judge's mother owns less than .001 percent of the outstanding stock in one of the parties. 22 NYCRR 100.3(c) (iv) (b) -Rules: minion: A judge, who is presiding over the sett

92-108_.pdf

Mon, 07 Mar 2005 15:12:52 EST

Opinion 92-108 Diuest: A village prosecutor must September 24, 1992 before accepting an relinquish that position appointment as a part-time judge . -Rules: 22 fQyCRR SS100.2; l00.5(f) mini ont-n attorney, who is a village prosecutor, represents that village in traffic infraction matters and building

92-109_.pdf

Mon, 07 Mar 2005 15:12:53 EST

92-109 October 13, 1992 The Advisory Committee on Judicial Ethics, at its meeting of September 248 19928 considered your inquiry (92-109) about disqualification where your law clerk's spouse $8 an assistant district attorney. Enclosed for your infomuttion are Opinions 88-140 and 90-196, which deal w

92-11_.pdf

Mon, 07 Mar 2005 15:12:56 EST

Opinion 92-11 January 30, 1992 Diqest: A judge need not disqualify himself or herself from cases involving the county, where the judge's former partner has become a special counsel to the county, but has no involvement whatsoever in the matter before the judge. -Rules: 22 NYCRR 100.3(c) Opinion: A f

92-110_.pdf

Mon, 07 Mar 2005 15:12:53 EST

Opinion 92-110 September 24, 1992 pioest: A judge should recuse himself or herself from all matters where the judgels landlord ' appears as an attorney. Ihllee: 22 NYQPZ 100.3(C) u: A judge asks whether an attorney, who also serves as the court-appointed receiver for the building where the judge liv

92-111_.pdf

Mon, 07 Mar 2005 15:12:54 EST

Opinion 92-111 I. September 24, 1992 Diqest: A judge may hear matters involving the local police department, whose acting police chief is the son of the inquirer's associate judge. -Rules: 22 LJPQZR 100.3(c) minion: necessary for cases involving the local police department. acting police chief of th

92-112_.pdf

Mon, 07 Mar 2005 15:12:54 EST

Opinion 92-112 September 24, 1992 Disest: A judge may not be a member of an association of active police officers and chiefs. -Rules: 22 WCRR 100.5(b) minion: A part-time judge requests an opinion about the judge's membership in two active police chief organizations. states that he or she will not r

92-114.htm

Mon, 12 Dec 2005 18:04:08 EST

Joint Opinion 92-114 & 92-127. November 19,1992. Digest:. Provided the judge can be impartial a full-time judge need not recuse himself or herself merely because a litigant or relative of a litigant before the judge has been saying harsh things about the judge, and should not respond by personal letter abou

92-115_.pdf

Mon, 07 Mar 2005 15:12:54 EST

pinion 92-115 January 28, 1993 I Diaest: A part-time Acting City Caut Judge may-serve as a part-tine law clerk to a County Court Judge in the same county provided that appeals from decisions of the Acting C i t y Court Judge should, if practicable, be referred to the othu County Court Judgo, but in

92-116_.pdf

Mon, 07 Mar 2005 15:12:55 EST

Opinion 92-116 November 19, 1992 Diuest: A part-time judge amy serve as president of the board of directors of a county chamber of commerce, provided the judge does not become involved in the solicitation of funds. -Rules: 22 HYCRR 100.5(b)2) minion: A part-time judge inquires whether the judge may

92-117_.pdf

Mon, 07 Mar 2005 15:12:55 EST

Opinion 92-117 November 19, 1992 Digest: A part-time judge, who also is an attorney, may serve on a college committee whose purpoos is to establish an endowmeen fund, provided that neither the judge nor the judge's name and title is involved in the solicitation of gifts nor in giving investmeen advi

92-118_.pdf

Mon, 07 Mar 2005 15:12:55 EST

Opinion 92-118 ' November 19, 1992 Dioest: A full-time judge may not represent his or her daughter at a real estate closing. Rules: Canon 5(F) of the Code of Judicial Conduct. -minion: .or her daughter, as an attorney, in her purchase of a co-op apartment, without a fee. As Canon 5(F) of the Code of

92-119_.pdf

Mon, 07 Mar 2005 15:12:55 EST

Opinion 92-119 piaest: A part-time judge may serve as the president of a local civic organization which expresses opinions on zoning, developmental matters and environmental matters Ilules: 22 NYQCR 100*5(b) w: A part-time judge asks whether it is permissible to serve as president of a local civic o

92-12_.pdf

Mon, 07 Mar 2005 15:12:58 EST

Opinion 92-12 January 30, 1992 Diqest: A newly elected full-time judge may continue to receive rents from small rental properties in which the judge has an ownership interest. -Rules: 22 NYCRR 100.5(2) OrJinion: propriety of the judge's ownership of and receipt of rents from two small properties. ma

92-122_.pdf

Mon, 07 Mar 2005 15:12:56 EST

92-122 December 48 1992 a- -The Committee on Judicial Ethics, at its meeting of November 19, 19928 considered your inquiry (92-122) about whether you may serve as president of a local bar association. as president of the bar association, subject to the restrictions indicated in the enclosed opinions

92-123_.pdf

Mon, 07 Mar 2005 15:12:56 EST

Opinion 92-123 November 19, 1992 Diuest: A full-time judge may not serve as a hearing officer in a church-related disciplinary hearing, even if it is held outside the state. -Rules: 22 NYCRR 100.5(e) minion: a hearing officer in a church-related disciplinary proceeding if held outside the state. in

92-125_.pdf

Mon, 07 Mar 2005 15:12:56 EST

Opinion 92-125 November 19, 1992 Disest: A part-time lawyer-judge may ' not use his or her judicial title in an advertisement for the judge's private law practice. -Rules: 22 NYCRR S100.2(c) 100.5(c)l) minion: advertise the judge's law practice in the local weekly newspaper. The judge states that th

92-126_.pdf

Mon, 07 Mar 2005 15:12:56 EST

Opinion 92-126 November 19, 1992 Diuest: A judge is not required to. recuse herself or himself in matters involving a bank which holds a mortgage on the judge's home. -Rules: 22 NYCRR 100.3(c) minion: A judge recently re-financed the judge's home mortgage with a local bank and now inquires if that r

92-127.htm

Mon, 12 Dec 2005 18:04:09 EST

92-128_.pdf

Mon, 07 Mar 2005 15:12:57 EST

Opinion 92-128 kovember 19, 1992 Dioest: A judge may not make a contributtio to help a former politiica candidate eliminate a campaign deficit. Rules: 22 NYCRR 100.7 and 100.2(a) -minion: A full-time judge has asked whether it is ethically permissible to amke a contribution to a former candidate for

92-129_.pdf

Mon, 07 Mar 2005 15:12:57 EST

Opinion 92-129 January 28, 1993 Digest: A judge, whoae spouse is campaigning for political office, cannot accompany the spouse to political functions or contribute campaign. to the 8poU8e-CMdidate'S -Rules: 22 NYCRR 100.7. minion: political office, inquires whether the judge may accompany his or her

92-13_.pdf

Mon, 07 Mar 2005 15:12:58 EST

pinion 92-13 January 30, 1992 Digest: A judge may respond to a letter to the editor in a local newspaper criticizing the judge's alleged conduct of a closed hearing, provided the response is objective, relates solely to procedural matters, and does not detract from the dignity of the judge's office.

92-130_.pdf

Mon, 07 Mar 2005 15:12:58 EST

Opinion 92-130 November 19, 1992 Diqest: A judge may preside in a case where one of the attorneys filed a grievance against the judge as an attorney ten years ago. -Rules: 22 roYCRR 100.3(c) minion: A full-time judge asks whether disqualification is necessary where an attorney in the case before the

92-14_.pdf

Mon, 07 Mar 2005 15:12:59 EST

pinion 92-14 May 7, 1992 Diqest: (1) A part-time acting judge who worked for the Legal Aid Society is disqualified from hearing those cases in which the judge participated while a Legal Aid Society attorney; (2) a regular part-time judge in same court, who did not work previously for the Legal Aid <

92-15_.pdf

Mon, 07 Mar 2005 15:12:59 EST

Opinion 92-15 January 30, 1992 Digest: A judge of a court which refers cases to a dispute resolution agency Should not serve as a member of the board of such agency. -Rules: 22 NYCRR SS100.2(a) 100.5(b) Ouinion: to serve as an unpaid member of the board of a not-for-profit corporation which sponsors

92-16_.pdf

Mon, 07 Mar 2005 15:12:59 EST

I Opinion 92-16 January 30, 1992 Diqest: A town attorney and his or her law partners and associates may represent private individuual before a part-time lawyer-judge; but the judge's attorney colleagues, who work for the same government agency as the judge in an office consisstin of approximately tw

92-17_.pdf

Mon, 07 Mar 2005 15:12:59 EST

Opinion 92-17 Jaxary 30, 1992 Diqest: A judge may not preside over cases involving relatives within the sixth degree of consanguinity, including nieces and second cousins, unless the disqualification is remitted. and 100.3(d) u: 22 NYCRR 100.3(C)l)iV) Opinion: small community, inquires about the pro

92-18_.pdf

Mon, 07 Mar 2005 15:13:00 EST

Opinion 92-18 January 30, 1992 Diqest: A judge may appoint the judge' law secretary's mother, a former judge, to serve as a referee in a case, but the law secretary should have nothing to do with that case. Rules: 22 NYCRR 100.3(b)4) Opinion: the mother of the judge's law secretary as a referee. The

92-19_.pdf

Mon, 07 Mar 2005 15:13:00 EST

Opinion 92-19 January 30, 1992 Diuest: A judge who is a candidate for judicial office may ask individual attorneys to join the judge's campaign committee Of the Code of Judicial Conduc. Rules: 22 NYCRR 100.7; Canon 7(B)2) Opinion: inquires whether the judge may ask attorneys to join a committee to o

92-20_.pdf

Mon, 07 Mar 2005 15:13:00 EST

Opinion 92-20 January 30, 1992 Diqest: A judge, who is a judicial candidate, may purchase only a reasonable number of tickets to a politically sponsored dinner. and 100.2(a) Election Law -Rules: 22 NYCRR §100.7(a)Z)ii) S17-162. ODinion: whether it is permissible under section 17-162 of the Election

92-21_.pdf

Mon, 07 Mar 2005 15:13:00 EST

Opinion 92-21 January 30, 1992 Diqest: A part-time judge, who owns two commercial properties, may speak, as a property owner, at a Planning Board meeting about a zoning issue which affects the judge's property. -Rules: 22 NYCRR 100.4(b) Ooinion: asks whether the judge may attend a Planning Board mee

92-22_.pdf

Mon, 07 Mar 2005 15:13:01 EST

Opinion 92-22 March 16, 1992 V " Digest: A judge may socialize with attorneys but should avoid any private social activity with attorneys appearing before the judge during actual trial days. 22 NYCRR 100.2(a) Rules: Canon of Judicial Conduct 2A; -Opinion : with local lawyers who practice before the

92-23_.pdf

Mon, 07 Mar 2005 15:13:01 EST

Opinion 92-23 March 16, 1992 piaest: A part-time judge, in a court with two part-time judges, may preside over a case where one attorney is the brother of the other j udge , but must disclose this fact and disqualify himself or herself if any of the parties object. w: 22 NYCRR 100.3(c) (1) minion: j

92-28_.pdf

Mon, 07 Mar 2005 15:13:01 EST

Opinion 92-28 January 30, 1992 , Digest: A judge may employ a local automobile mechanic, whom the judge placed on probation, but the judge must recuse himself or herself from any subsequent matters involving the probationer. RuleJ: 22 NYCRR 100.2. Opinion : A judge asks about the propriety of employ

92-29_.pdf

Mon, 07 Mar 2005 15:13:01 EST

Opinion 92-29 Digest: A recently elected judge may I attend political affairs for January 30, 1992 six months after the election and may pay for the tickets out of campaign funds, but may not donate surplus campaign funds to a bar association. Rules: 22 NYCRR 100.7(a) Opinion: treasurer, inquires wh

92-30_.pdf

Mon, 07 Mar 2005 15:13:02 EST

Opinion 92-30 January 30, 1992 Digest: A judge cannot accept free legal services from lawyers who may appear before the judge. Rules: 22 NYCRR 100.2. Ovinion: legal services from a law firm which represents a bank in connection with the financing of a purchase of real property. The law firm routinel

92-31_.pdf

Mon, 07 Mar 2005 15:13:02 EST

Opinion 92-31 May 7, 1992 DiQeSt: A judge may preside over a case where one of the attorneys represented the judge's son two years ago, but the judge should disclose the relationship on the record. w: 22 NYCRR 100.3(c) Opinion: A judge asks whether disqualification is necessary in a case where one o

92-33_.pdf

Mon, 07 Mar 2005 15:13:02 EST

Opinion 92-33 March 16, 1992 Diaest: A full-time judge may rent his Rules: 22 NYCRR lOO.S(c) or her residence. -Opinion: A full-time judge inquires whether the judge may rent a one-family vacation home that the judge owns on a temporary basis, without violating the prohibition against engaging in bu

92-34_.pdf

Mon, 07 Mar 2005 15:13:02 EST

Opinion 92-34 March 16, 1992 Diqest: A judge should not preside over matters in which a law firm appears which had terminaate as unsuccessful the employment of the judge's spouse four years ago, a partner of which firm abstained from voting on the judge's qualifications before the bar association at

92-35_.pdf

Mon, 07 Mar 2005 15:13:02 EST

Y Opinion 92-35 March 16, 1992 Diqest: An attorney and part-time judge can serve as trial counsel in a criminal case in State Supreme Court. m: 22 NYCRR 100.5(f) Opinion: judge, asks if there is any ethical bar to serving as trial counsel, on a pro bono basis, in a criminal case scheduled for trial

92-36_.pdf

Mon, 07 Mar 2005 15:13:03 EST

vpinion 92-36 March 16, 1992 I Digest: A part-time judge may act as treasurer of a community Independence Day parade and celebration committee proviide the judge does not participate in any fundraiisin activities. 22 NYCRR 100.5(a) and (b)2) -Rules: Opinion: serve as treasurer of the local Fourth of

92-37_.pdf

Mon, 07 Mar 2005 15:13:03 EST

lapinion 92-37 May 7, 1992 Digest: A full-time judge may not accept appointment as consul of the government of a foreign country nor serve as a director of a not-for profit corporation which fosters cultural, economic, and professional exchanges between New York regions and the foreign country and w

92-39_.pdf

Mon, 07 Mar 2005 15:13:03 EST

Opinion 92-39 May 1, 1992 Diqest: A part-time judge, whose spouse is a member of the zoning board of appeals, may not preside ove any lawsuit involving the enforccemen or interpretation of the board's decisions in which the spouse participated, unless the parties consent after discloosur of the spou

92-40_.pdf

Mon, 07 Mar 2005 15:13:04 EST

Opinion 92-40 March 16, 1992 w: A part-time judge, who has a private practice, need not recuse himself or hereelf from a criminal proceeding where the defendant is represented by an attorney who is an adversary to the judge in an unrelated civil action in a different court. UasS: 22 NYCRR 100.3(c) o

92-41_.pdf

Mon, 07 Mar 2005 15:13:04 EST

Opinion 92-41 %larch 16, 1992 Diqest: A judge need not disqualify himself or herself when a former close social friend of the judge is a member of the law firm representing a party in a matter before the judge. Rules: 22 NYCRR 100.3(c) minion: A judge asks if recusal is necessary at the request of a

92-42_.pdf

Mon, 07 Mar 2005 15:13:04 EST

opinion 92-42 June 18, 1992 piaest: If a part-time lawyerjuudg concludes that another part-time lawyerjuudg (not entitled to practice in that court who requested the Clerk to refrain from issuing an arrest warrant) was improperly requesting a personal favor from the court, constituting a substantial

92-43_.pdf

Mon, 07 Mar 2005 15:13:04 EST

opinion 92-43 March 16, 1992 picrest: A judge, even when formerly a candidate for office, may not personally sell tickets to a political victory celebration. M: 22 NYCRR %5100.2; 100.7(e) minion: A judge has been asked to personally sell tickets The party is scheduled to a political victory celebrat

92-45_.pdf

Mon, 07 Mar 2005 15:13:04 EST

Opinion 92-45 May 1, 1992 Diqest: A part-time judge may serve as a member of the town board of ethics. -Rules: 22 NYCRR 100.5(b) and (h) Opinion: A part-time judge inquires whether the judge may accept an appointment to the board of ethics of the town where the judge serves. civic activities, as lon

92-46_.pdf

Mon, 07 Mar 2005 15:13:05 EST

Opinion 92-46 May 7, 1992 Dimest: A judge should disqualify himself or herself from an insurance rehabilitation proceeding where the judge's first cousin is a vice president of another insurance cempany which has offered to purchase a portion of the rehabilitee's portfolio and where the judge's son

92-49_.pdf

Mon, 07 Mar 2005 15:13:05 EST

inion 92-49 May 1, 1992 Diqest: Part-time judges are not disquallifie from presiding over actions brought by an attorney to collect fees merely because the attorney has an active practice in the judges' court. 22 NYCRR 100.2(a) 100.3(a) and (c) -Rules: Opinion : TWO part-time judges inquire whether

92-50_.pdf

Mon, 07 Mar 2005 15:13:05 EST

Opinion 92-50 ,pay 7, 1992 Diaest: A judge may comment to any appropriate body on whether the ludge's court should have jurisdiction over a newly proposed proceeding, and on its effect on court congestion and other matters pending in the court. 22 NYCRR 100.4(a) and (b) -Rules: minion: orally, on wh

92-51_.pdf

Mon, 07 Mar 2005 15:13:06 EST

92-51 May 22, 1992 Dear Justice at its meeting of May I, 1992, considered your Inquiry 92-51, dated March 26, 1992, about securing the attendance of a defendant. Administrator states that a judge “shall conduct himself or herself at all times in a manner that promotes public confidence in the integr

92-53_.pdf

Mon, 07 Mar 2005 15:13:06 EST

vOpinion 92-53 May 7 , 1992 Diqest: A part-time judge may serve as a member of the board of a county alternatives to incarceraatio program. 100.5(b) Executive Law 5261. -Rules: 22 NYCRR 100.2(a) 100.4 and Opinion: A part-time judge inquires whether it is ethically proper to serve as a member of the

92-54.htm

Fri, 12 May 2006 16:16:22 EST

Opinion 92-54. June 18, 1992. Digest. A judge may permit his or her prior private attorney to appear before the judge if more than two years have passed since the representation, and if the judge has no doubt about his or her impartiality. The judge should disclose the relationship to the parties and may preside

92-55_.pdf

Mon, 07 Mar 2005 15:13:06 EST

pinion 92-55 May 7 , 1992 Diqest: A judge may write a letter to a firm providing information about an attorney for use in the attorney's discrimination lawsuui as long as the information is limited to objective facts. w: 22 NYCRR 100.2. Opinion: providing information to a law firm about an attorney,

92-56_.htm

Mon, 07 Mar 2005 15:13:07 EST

Opinion 92-56. May 7, 1992. Digest:. Court employees, although appointed by the judges in their capacity as administrators of the town court office of administration, are not personal appointees of a part-time judge on the judge’s personal staff, and may engage in political activities, with certain exceptions,

92-57_.pdf

Mon, 07 Mar 2005 15:13:07 EST

pinion 92-57 May 7, 1992 Digest: A judge, who is a candidate for re-election, and is opposed by the present district attorney, is not ethically required to advise the parties or counsel of that fact, where the judge will not be affected by such opposition. -Rules: 22 NYCRR 100.2(a) (b) Opinion: re-e

92-60_.pdf

Mon, 07 Mar 2005 15:13:07 EST

pinion 92-60 May 7, 1992 Diqest: A judge should disqualify himseel or herself from a case where an attorney scheduled to appear before the judge for trial presently is representing the judge's son in another court, unless, after disclosuure all parties consent to the judge's presiding. -Rules: 22 NY

92-63_.pdf

Mon, 07 Mar 2005 15:13:07 EST

ppinion 92-63 May 7, 1992 Diqest: A part-time judge, who also is a private investigator, should disqualify himself or herself if the judge has served as an investigator for an attorney who appears before the judge within two years prior to the appearance,or if the judge has actively solicited work f

92-64_.pdf

Mon, 07 Mar 2005 15:13:08 EST

Opinion 92-64 May 7, 1992 N . Digest: A judge is not disqualified where a litigant is represented by an attorney who owns corporaat stock in a title insurance company which employs the judge's spouse. -Rules: 22 NYCRR SS100.2; 100.3(c)iii) Opinion: The partners of a large law firm are the Owners of

92-65_.pdf

Mon, 07 Mar 2005 15:13:08 EST

Opinion 92-65 May 7, 1992 Diaest: A part-time judge may serve on the boards of directors of a nursery school, a Senior Center, and a community group which addresses problems of drug and alcohol abuse, but the judge should not sell tickets or solicit funds for those organizations. The judge's spouse

92-66_.pdf

Mon, 07 Mar 2005 15:13:08 EST

pinion 92-66 May 7, 1992 Diqest: A judge may preside where a probation officer in the case is related to the judge, unless the probation officer is likely to be a material witness. A judge may preside in a case where a lawyer is the spouse of the judge's first cousin once removed. 100.3(c)l)iv) and

92-67_.pdf

Mon, 07 Mar 2005 15:13:08 EST

ppinion 92-67 June 18, 1992 Digest: A judge may express an opinion publicly as to the actions of a local Conditional Release Commission generally, but should not mention the names of any specific defendants nor discuss pending cases. -Rules: 22 NYCRR 100.4. Opinion : incarceration asks whether the j

92-68_.pdf

Mon, 07 Mar 2005 15:13:08 EST

92-68 July 2, 1992 Dear Judge Ethics, at its meeting of June 18, 1992, considered your Inquiry 92-68, concerning the use of unexpended campaign funds. Please be advised that this Committee has previous ruled that judicial candidates may not use unexpended campaign funds from one election for a later

92-69_.pdf

Mon, 07 Mar 2005 15:13:09 EST

Opinion 92-69 June 18, 1992 Piaest: A part-time judge may serve as an arbitrator. u: 22 NYCRR 100.5(e) QPinion: A part-time judge asks if it is permissible to serve as an arbitrator of a private contractual dispute. Section 100.5(e) of the Rules of the Chief Administrator permits part-time judges to

92-70.htm

Fri, 26 May 2006 20:25:17 EST

Joint Opinion 92-70/92-84. September 24, 1992. Digest. A town judge may place a congratulatory message or advertisement in a fundraising journal of a charitable or professional organization.Rules. 22 NYCRR 100.5(b)2). Opinion. Two judges inquire whether they may place a congratulatory message or adver

92-71_.pdf

Mon, 07 Mar 2005 15:13:09 EST

1 Opinion 92-71 June 18, 1992 Disest: A judge must disqualify himself or herself in any case where a police officer nephew has brought the case before the court or appears as a material witness. -Rules: 22 NYCRR 100.3(c) 22 NYCRR 100.3(c)iv) (c) minion: A part-time judge inquires whether disqualific

92-72_.pdf

Mon, 07 Mar 2005 15:13:09 EST

I Opinion 92-72 June 18, 1992 Digest: A part-time fudge whose spouse and brother-in-law are deputy sheriffs is not disqualified in criminal cases in which the county sheriff's other deputie are involved, provided the judge's spouse and brother-inlla were not in any way involved. and (iv) . w: 22 NYC

92-73_.pdf

Mon, 07 Mar 2005 15:13:09 EST

Opinion 92-73 June 18, 1992 Digest: - Rules-A Family Court Hearing Examiner may not act as an arbitrator. Code of Judicial Conduct, Canon 5(E) Family Court Act S439(a) and (e) Uniform Rules -Family Court S205.32(b) minion: whether a Family Court Hearing Examiner can act as an arbitrator for a privat

92-74_.pdf

Mon, 07 Mar 2005 15:13:10 EST

92-74 May 20, 1992 I This will acknowledge, on behalf of the Advisory Committee on Judicial Ethics, receipt of ,your inquiry (92-74) dated May 15, 1992, indicating that you are lodging a formal complaint against a Justice in connectiio with an actinn im -0 Court, The statute and rules establishing t

92-75_.pdf

Mon, 07 Mar 2005 15:13:10 EST

Opinion 92-75 June 18, 1992 Diqest: A village justice should not recuse himself or herself from matters where the village attorney appears for private clients, if the judge believes that he or she can be impartial. 22 NYCRR 100.3 and 100.3(c) NYSBA, Code of Judicial Conduct Canon 3; Opinion 88-52. -

92-76_.pdf

Mon, 07 Mar 2005 15:13:10 EST

pinion 92-76 June 18, 1992 Digest: A part-time judge may work as a legal secretary for an attorney who shares space with another attorney who is the county public defender, but the judge must disqualify himself or herself in all cases involving the public defender or the office of the public defende

92-77_.pdf

Mon, 07 Mar 2005 15:13:10 EST

Opinion 92-77 June 18, 1992 Diqest: A judge who is an announced candidate for election to another judicial office is not prohibited from purchasing a ticket to a politically sponsored dinner, which the judge does not attend, so long as the purchase occurs during the period defined in 22 NYCRR Sl00.7

92-78_.pdf

Mon, 07 Mar 2005 15:13:10 EST

92-78 Julv 2. 1992 The Advisory Committee on Judicial Ethics, at its meeting of June 18, 1992, considered your Inquiry 92-78, concerning the inadvertent appearance of your name listed as one of the many members of the volunteer ambulance corps on a fundrafsing mailing. Under the circumstances, you n

92-79_.pdf

Mon, 07 Mar 2005 15:13:11 EST

Opinion 92-79 June 18, 1992 piaest: A judge may not take an acting part in a play that is a fundraiisin event. 22 NYCRR 66100.5(b) (2) 100.2. w: 0 r-I-i. "I.Y_ "she may make a cameo appearance in a play which is a charitable fund raising event. Since the play is a fund-raising event, the judge's par

92-81_.htm

Mon, 07 Mar 2005 15:13:11 EST

Opinion 92-81. June 18, 1992. Digest. A judge need not disqualify himself or herself from a case where a councilman attempted unsuccessfully to speak privately with the judge on behalf of a party in the matter, but should notify both parties about the meeting and must use discretion about disqualification if eit

92-82_.pdf

Mon, 07 Mar 2005 15:13:11 EST

opinion 92-82 June 18, 1992 ' Diaest: The judge may preside over a case where one of the attorneys is the judge's opponent for , re-election. -Rules: 22 mCRR 100.3(c)l) ODinion : case where one of the attorneys will be the judge's opponent in the September primary. themselves where their "impartiali

92-83_.pdf

Mon, 07 Mar 2005 15:13:11 EST

Opinion 92-83 June 18, 1992 Digest: A judge may lecture on trial technique for bar and other civic associations, and may receive compensation and reimbursement for actual expenses. &g: 22 NYCRR 100.4(a) 100.6. minion: about trial technique to bar associations and other civic associations, and may re

92-84.htm

Fri, 26 May 2006 20:25:30 EST

92-85_.pdf

Mon, 07 Mar 2005 15:13:11 EST

opinion 92-85 September 24, 1992 Riaest: A full-time judge amy serve on the board of directors of a day care center for the elderly. (2) and ( 3 ) -Rules: 22 NYCRR lOO.S(b) Q R h b : A ju&ge requests an opinion whether the jug. m y . seme on a community board of directors of a day cam center for the

92-86_.pdf

Mon, 07 Mar 2005 15:13:12 EST

spinion 92-86 Diuest: A part-time judge may serve as a nurse in a county jail, proviide that the judge recuses himself ot herself if any inmate comes before the judge. -Rules: 22 NYCRFt ZOO.S(h) minion: serve as a nurse in a county jail. maximum of six inmates per year are committed by the judge's c

92-87_.pdf

Mon, 07 Mar 2005 15:13:12 EST

ppinion 92-87 Disest: A Surrogate Judge amy appoint the spouse of a Supreme Court Justice as a successor trustee, if the appointee is fully qualified for the appointment. 22 KYCRR 100.2(a) and -Rules: 100.2(b)4) minion: to appoint the spouse of a Supreme Court Justice as a successor trustee of a cha

92-91_.pdf

Mon, 07 Mar 2005 15:13:12 EST

Opinion 92-91 Digest: A judge may serve on a hospital ethics committee. -Rules: 22 NYCRR 100.5(b) minion: a hospital's ethics committee. regarding the ethical implications of policies, procedures, and treatment decisions and coordinates educational programs for the hospital staff. Section 100.5(b) o

92-92_.pdf

Mon, 07 Mar 2005 15:13:12 EST

opinion 92-92 September 24, 1992 picrest: A recently elected judge may appoint attorney6, w i t h whom the judge previously worked on an occasional basis, as referees or receiver8 . ma: 22 mcRR 100.2 OPinion: A full-tho judge, prior t o election, worked w i t h . other attorneys on an occasional bas

92-94_.pdf

Mon, 07 Mar 2005 15:13:13 EST

Opinion 92-94 September 24, 1992 Diqest: Unexpended campaign funds from prior non-judicial campaigns may not be used for a present campaign for judicial office, for general political party use, nor for the campaigns of candidates sharing ballot with judicial candidate, but must be returned to donors

92-95_.pdf

Mon, 07 Mar 2005 15:13:13 EST

s1 Opinion 92-95 Diqest: A judge may not attend a picnic sponsored by a political activities cornittee of a local employer. -Rules: 22 HYCRR 100.7(a) Opinion: sponsored by a political activities committee of a local major employer. purchase a ticket or will attend as a guest without Charge. strator

92-97_.pdf

Mon, 07 Mar 2005 15:13:13 EST

pinion' 92-97 REVISED Dioest: An incumbent judge seeking reelecctio may not permit a campaaig c d t t e e to make contribuution to county committees or political parties. Howevve the COPIIPlttee may make nuch legal expenditures for the campaign an permitted by law. Rules: Election Law Section 17-162

93-01_.pdf

Mon, 07 Mar 2005 15:13:14 EST

Opinion 93-01 January 28, 1993 Diaest: A part-time village judge may not serve as chairperson or member of the village planning board. -Rules: 22 nCRR SS100.2, 100.5(b)l) lOO.S(h) minion: judge served as chairperson of the village planning board, inquires whether he or she may continue seming as Cha

93-03_.pdf

Mon, 07 Mar 2005 15:13:14 EST

Opinion 93-03 Diqest: Members of a law firm are not disqualified from practicing before a part-time judge who i s now associated with one of'their former associates. -Rules: 22 N!tCRR lOO.S(f) minion: A part-time judge who i s ongagd in tho practice of law i s considering taking into the judge's law

93-04_.pdf

Mon, 07 Mar 2005 15:13:14 EST

Opinion 93-04 January 28, 1993 Diaest: A judge's campaign committee may use unexpended campaign contributions to purchase . judicial robes, computer equipment for court use, and a telephone answering machine for u8e in chambers. 7(b)2) Code of Judicial Conduct, AWE Op. 92-104, and 7 Rules: Election

93-05_.pdf

Mon, 07 Mar 2005 15:13:14 EST

Opinion 93-05 January 28, 1993 Diuest: A New York City Civil Court Judge may commence a proceeedin against his or her tenant in that Court, provided that the judge does not participate in that case, except as a litigant. 22 RYCRR Sl00.3(C)i) -Rules: 22 RYCRR SlOO.2(a) minion: A newly-elected full-ti

93-06_.pdf

Mon, 07 Mar 2005 15:13:15 EST

bpinion 93-06 January 28, 1993 Diqest: A judge may publicly discuss a complaint lodged against him or her with the Commission on Judicial Conduct since the judge can waive the confidentiaalit of 8uch proceedings. However, the judge must limit himself or herself to facts of record in discussing the u

93-07_.pdf

Mon, 07 Mar 2005 15:13:15 EST

Opinion 93-07 January 28, 1993 Diuest: A Family Court judge who also is an adjunct professor at a community college may participate in the activities of the faculty union, but must do so within the framework of the law, including the Taylor Law. -Rules: 22 nCRR 100.2(a) minion: of business law at a

93-08_.pdf

Mon, 07 Mar 2005 15:13:15 EST

opinion 93-08 January 28, 1993 Dlaest: A full-time judge need not affirmatively disclose the spousal relationship where the judge's rpouse i s employed in a part-time capacity as the first assirtant county attorney8 and i s A law partner of the County Attorney, but should recu8e himself or herself i

93-09_.pdf

Mon, 07 Mar 2005 15:13:16 EST

Opinion 93-09 January 28, 1993 Diuest: A judge may permit the judge's retired father's former law firm to appear before him or her. The fact that the firm previously represented the judge personally must be disclosed to counsel and parties, and the judge may preside if Coment is givenr or if the obj

93-10_.pdf

Mon, 07 Mar 2005 15:13:17 EST

I* Opinion 93-10 January 28, 1993 DlaeSt: A part-time judge amy serve as a member of the House Committee of a Veterans of Foreign Wars Post. -Rules: 22 #vCRR 100.5(c) -minion: the judge may serve on the Houae C0IpIpfttoo of a Veteran8 of Foreign Wars Post, which c0IpIpftt.o conaiata of at loart aeve

93-100_.pdf

Mon, 07 Mar 2005 15:13:16 EST

Opinion 93-100 ?October 28, 1993 E Diaest: A judge's clerical staff is not prohibited from attaching campaign stickers to their automobiles or posting campaign signs on their property in conjunction with a Supreme court race. -Rules: 22 NYCRR 100.3(b)5) minion: A Surrogate's Court judge inquires whe

93-101_.pdf

Mon, 07 Mar 2005 15:13:16 EST

Opinion 93-101 ,October 28, 1993 Diqest: A judicial candidate's proposed radio commercials are improper because they imply a predisposittio to decide particular classes of cases in a particuula way. Rules: 22 NYCRR 100.3(c)c)l) -minion: inquires whether the scripts of four radio commercials proposed

93-102_.pdf

Mon, 07 Mar 2005 15:13:16 EST

Opinion 93-102 October 28, 1993 Diuest: A Family Court judge may particippat in the-planning and development of a Youth Court under the auspices of a local Youth Board and the United States Attorney's Office. -Rules: 22 IWCRR 100.4(c) 100.5(b)l) minion : serve on a committee to develop a Youth Court

93-104_.pdf

Mon, 07 Mar 2005 15:13:16 EST

Opinion 93-104 ?October 28, 1993 Diaest: An Acting County Court judge may preside in criminal cases investigated by the County Sheriff's Department in which the judge's son, an officer of that department, did not personally participate, or any Crimfnal case of any other police agency where the judge

93-105_.pdf

Mon, 07 Mar 2005 15:13:17 EST

Opinion 93-105 VOctober 20, 1993 Diuest: A full-time judge should not assist an attorney in preparing witnesses prior to their testifyyin before an international administrative tribunal. N.Y.S. Const. A r t . 6, -Rules: 22 NYCRR SS100.2(c) 100.5; S20(b)4) Opinion: assist an attorney in preparing wit

93-106_.pdf

Mon, 07 Mar 2005 15:13:17 EST

Opinion 93-106 October 28, 1993 Dicrest: A judicial candidate may answer the questions posed in a questionnaire of a Bar Association's Judicial Screening Committee, provided that the questions do not seek to elicit: (1) the candidate's views on particular political or legal questions, or (2) a forma

93-108_.htm

Mon, 07 Mar 2005 15:13:17 EST

Opinion 93-108. March 10, 1994. Digest:. A judge may be a member of a non-partisan citizens’ committee which seeks ways to reduce violence in the community, but may not participate in controversial issues, litigation, fund raising or other activities incompatible with judicial office.22 NYCRR §100.4; 100.5(a)b) (2).

93-11_.pdf

Mon, 07 Mar 2005 15:13:20 EST

Opinion 93-11 January 28, 1993 . Diaest: A full-time fudge may allow the judge's law clerk, whose live-in companion i s an assistaan county attorney, t o work on cases involving the Departmeen of Social Services, proviide that the clerk's compannio i s not involved in those caaes. -Rules: 22 NYCRR 1

93-110_.pdf

Mon, 07 Mar 2005 15:13:17 EST

ppinion 93-110 October 28, 1993 Disest: A judge, who is permitted to practice law, may not accept a position as standing legal counsel to a Police Chiefs' Foundation, because such a position appears to be too close to being a member of the association, which is prohibited. -Rules: 22 NYCRR 100.2. mi

93-111_.pdf

Mon, 07 Mar 2005 15:13:18 EST

Opinion 93-111 October 28, 1993 Diuest: A part-time acting city court judge, who is permitted to practice law, may represent the City, in which he or she sits, in a contract matter. 7 Rules: 22 NPCRR 100.5(h) minion: to practice law, has been requested to represent the City in which the judge sits,

93-112_.pdf

Mon, 07 Mar 2005 15:13:18 EST

Opinion 93-112 December 98 1993 Digest: A part-time local justice may not accept an honorary position as Special Deputy Sheriff, albeit unpaid and unaccompanied by specific law enforcement duties. -Rules: 22 NYCRR SSlOO.1, 100.2 and lOO.S(h) minion: proper to accept an appointment as a special deput

93-113_.pdf

Mon, 07 Mar 2005 15:13:18 EST

93-113 December 218 1993 I am writing in response to your Inquiry 93-113, regarding the propriety of working on criminal matters in the United States Attorney's Office in your capacity as a student practitioner, given your current position as an Acting Village Court Justice. After discussion at the

93-115_.pdf

Mon, 07 Mar 2005 15:13:18 EST

Opinion 93-115 rDecember 9, 1993 Diuest: An appointed part-time judge is disqualified from presiding over a case in which one of the parties or an attorney for one of the parties is a member of the City Council only if the City Council participates in setting the judge's salary. 100.3(c)l) Canon 3C

93-116_.pdf

Mon, 07 Mar 2005 15:13:19 EST

Opinion 93-116 'December 98 1993 piqest: A judge shall recuse himself or herself from all cases in which the judge's spouse has any involvement as an assistant district attorney, subject.to a remittal of disqualification. The judge is disqualified unconditionally from presiding over any cases begun

93-117_.pdf

Mon, 07 Mar 2005 15:13:19 EST

Opinion 93-117 December 98 1993 Digest: A judge need not disqualify himself or herself from presiding over a matter if an associate attorney of one of the law firms representing a party in the matter has been commissioned into the state militia by the judge and works in an administrative capacity wi

93-118_.pdf

Mon, 07 Mar 2005 15:13:19 EST

93-118 December 30, 1993 I aa writing in response to your inquiry (93-118) whereir! you request an opinion as to whether one of yo.r legal associates, who also is a part-time assistant district attorney, may continue his association with your law office and also continue to serve as an assistant dis

93-12_.pdf

Mon, 07 Mar 2005 15:13:24 EST

ODinion 93-12 January 28, 1993 Diaest: A judge may write a letter of reference to the State Departmeen of Education on behalf of a friend, who is applying for a 1fcense8 regarding . that person's character and moral fitness . -Rules: 22 WCRR l00.2(C) minion: A judge inquires whether the judge may su

93-120_.pdf

Mon, 07 Mar 2005 15:13:20 EST

Opinion 93-120 December 9, 1993 Diqest: A part-time judge may serve as a member of a Youth Board which is the advisory board to a county Youth Bureau. and 100.5(h) Canon 5(G) Code of Judicial Conduct; Compliance provisions, Code of Judicial Conduct. Rules: 22 mcRR ss100.4(c) 100.5(b) Opinion: permis

93-121_.pdf

Mon, 07 Mar 2005 15:13:20 EST

Opinion 93-121 Secember 9, 1993 Piqest: A full-time judge may serve on the legislative committee of a Child Resource Center, the interests of which involve the protection of children.and youth. Rules: 22 NYCRR 100.4(c) 100.5(b) Opinion: a legislative committee of a child resource center, which is no

93-122_.htm

Mon, 07 Mar 2005 15:13:20 EST

Joint Opinions 93-122/94-24. March 10, 1994. Digest. Judge may not remain a partner in a general partnership organized for profit and should not participate actively in partnership business but should terminate the partnership relationship as soon as possible. Until such time as the partnership interes

93-123_.pdf

Mon, 07 Mar 2005 15:13:21 EST

Opinion 93-123 Becember 9, 1993 Digest: A judge, acting as an instruucto for the Court Clerk Examination, may include the title "Honorable,l as well as academic and teaching credentiial in the course announcemeent Rules: 22 NYCRR 100.4(a) 100.5(b)2) minion : A full-time judge, acting asan instructor

93-124_.pdf

Mon, 07 Mar 2005 15:13:21 EST

Opinion 93-124 December 9, 1993 Digest: A town justice may recommend the current chair of the Conservative Party for a civil service position of court clerk in the town court, provided that the individual resigns the position of chair of the political party. Rules: 22 NYCRR 25.39(e) Opinion: A town

93-127_.pdf

Mon, 07 Mar 2005 15:13:22 EST

pinion 93-127 Pecember 9, 1993 Diqest: A judge may not issue a public service announcement in support of local Catholic schools, encouraging listeners to invest in the future of their children by placing them in Catholic schools in the county where the judge resides. 100.5(b)2) Rules: 22 NYCRR §100.

93-128_.pdf

Mon, 07 Mar 2005 15:13:23 EST

Opinion 93-128 December 9, 1993 Digest: A judge may accept a Lehman-LaGuardia Award at a breakfast sponsored by two civic organizations, provided that the breakfast is not a fundraiser. Rules: 22 NYCRR 100.5(b)2) Dinion: accept the Lehman-LaGuardia Award at a breakfast co-sponsored by two civic grou

93-129_.pdf

Mon, 07 Mar 2005 15:13:24 EST

Opinion 93-129 December 9, 1993 Digest: A judge may write a letter nominating an attorney whom the judge has known for several years through Bar Association activities for a position on the Commercial Panel of the American Arbitration . Association. Rules: 22 NYCRR 100.2(c) Canon 2B, - Code of Judic

93-13_.pdf

Mon, 07 Mar 2005 15:13:25 EST

Opinion 93-13 January 28, 1993 DiUeSt: There i s no ethical bar which prohibits a part-time ci=y Court Judge from serving as a mediator/arbitrator for private alternative dispute rerolutf on firms. 100.3; lOO.S(e) -Rule8: 22 WCRR 100.1; 100.2; minion: a mediator and arbitrator for alttarnative dirpu

93-131_.pdf

Mon, 07 Mar 2005 15:13:24 EST

Opinion 93-131 December 9, 1993 Diqest: A supreme court justice need not disqualify himself or herself in all cases involving the county which employs the judge's spouse. A judge, however, should disqualify himself or herself in cases in which the judge's spouse is involved personally. Rules: 22. NY

93-132_.pdf

Mon, 07 Mar 2005 15:13:25 EST

Dpinion 93-132 rikcember 9, 1993 Diqest: A judge is not required to disqualify himself or herself from cases in which the judge's law clerk was involved while the law clerk was the district attorney. However, the law clerk cannot participate in those cases, and in such cases it is preferable for the

93-133_.pdf

Mon, 07 Mar 2005 15:13:25 EST

opinion 93-133 March 10, 1994 Digest: A full-time judge +y not participate as an unpaid commentator on a j television program in which the judge would make observations and offer conrments on non-New York actions, which had been telecast .in whole or in part, that day. 22 WCRR 100.3(a)6) 100.4(a) 10

93-14_.pdf

Mon, 07 Mar 2005 15:13:26 EST

Opinion 93-14 January 20, 1993 I Dfaest: A judge may not Author a quote about A book involving legal issues simply to be used on the book jacket in conjunction with its sale, but play write a book review for publicat,ion in the Hew York Law Journal or elsewheere 22 HYCRR 100.2(c) and 100.4(a) -Ruler

93-15_.pdf

Mon, 07 Mar 2005 15:13:26 EST

ADVISORY COMMflTEE ON JUDICIAL ETHICS . . 270 BROADWAY. ROOM 1401 NEwYow(NEwYoRK1mo7 . c/o OFRCE OF COURT mmmmnoN Df qest : After reconsideration, the Committee adheres to i t s prior Opinion 92-94, Vol. It# that unexpended campaign funds must be retuzned to the donors. Further, it i s improper for

93-16_.pdf

Mon, 07 Mar 2005 15:13:26 EST

Opinion 93-16 January 28, 1993 Diaest: A newly-elected full-time judge may not continue to serve on a town's Citizens Advisory Committee, which reviews facts and makes recommendations on existing zoning laws to the Town Board. -Rules: 22 NYCRR 100.5(g) minion: judge may continue to serve as chair of

93-17_.pdf

Mon, 07 Mar 2005 15:13:27 EST

93-17 February 18, 1993 The Advisory Committee on Judicial Ethics at its meeting of January 28, 1993, considered your Inquiry (93-17) concerning wRetJmr you may be involved in the expansion and maintenance of a commercial property of wRicR you are a tonant-incommmo w i t h a 2Sa interost. 91-108, a

93-18_.pdf

Mon, 07 Mar 2005 15:13:27 EST

Opinion 93-18 January 28, 1993 I Dfuest: A judicial hearing officer (JHO) who serves as such in a different jurisdiction, may run for mayor of the JHo's village of residence. -Rules: 22 mCRR 100.5(h) minion: A judicial heating officer (JHO) inquires whether a JHO may run for village mayor and contin

93-19_.pdf

Mon, 07 Mar 2005 15:13:27 EST

Opinion 93-19 January 28, 1993 Diuest: A newly-elected judge may use campaign funds to hold a victory party for campaign workers within the six-month period after the election. However, the judge must use private fund8 if the party is to ba held beyond that six month period. -Rules: 22 NYCRR 100.7(a

93-20_.pdf

Mon, 07 Mar 2005 15:13:27 EST

Opinion 93-20 January 20, 1993 1 Diaest: A newly-elected full-time judge may be the honoree of a dinner sponrored by a civic organization where any profits from sale of tickets will be transferred to the judge's election campaign committee, provided that such dinner takes place witRin the six-month

93-21_.pdf

Mon, 07 Mar 2005 15:13:28 EST

opinion 93-21 Diuest: A nevly-elected full-time judge may preside over cases where the judge's lav clezk has business affiliations with attorneys uho appear before the judge, provided that the clerk'8 relationship i s disclosed to all parties and the clerk is insulated from the matter. Hovever, if t

93-22_.pdf

Mon, 07 Mar 2005 15:13:28 EST

IEmlwyEkELLE# I#yu P. IUU-Opinion 93-22 . A full-time judge may gratuitouusl inform the Senate Judiciary Cotmuittee of facts personally known about a nominee.for a federal judgeship. 22 NYCRR S100.4(b) Opinion : A. full-time judge wishes to write a letter to the United States Senate Judiciary Commit

93-23_.pdf

Mon, 07 Mar 2005 15:13:28 EST

m Opinion 93-23 January 28, 1993 Dicrest: A judge m y write a monthly column for a local newspaper on non-legal events, activities and organizations of interest to a particular ethnic community, provided tht the COllllM f8 not U8ed to publicizo fundrairing. 22 HYCRR 100.S(a) and (b)Z) -Rules: minion

93-24_.pdf

Mon, 07 Mar 2005 15:13:29 EST

Opinion 93-24 January 28, 1993 Diaest: A judge may not preside or act as master of ceremonies at an annual award breakfast of a local community service organization where fundraising activitier are conducted. -Rules: 22 NYQUZ 100.5(b)2) minion : local community somice orgcurfzation, inquire8 whather

93-25_.pdf

Mon, 07 Mar 2005 15:13:29 EST

Opinidn 93-25 March 11, 1993 Diuest: A town justice may decline nomination by a political party; as long as it is not a guid = quo for his or her nomination by another party, nor a condition of such other nomination. 22 loycRR 9100.1. -Rule : minion: cross-endorsement for re-election. The justice st

93-26_.pdf

Mon, 07 Mar 2005 15:13:29 EST

Opinion 93-26 March 11, 1993 Diqest: A judge may write a letter of reference on behalf of an . applicant for a promotion to a higher level academic positiion as long as there i s no potential for conflict or appearance of impropriety. The recommendation must reflect the judge's appraisal . of the ab

93-27_.pdf

Mon, 07 Mar 2005 15:13:30 EST

Opinion 93-27 March ll, 1993 Diaest: A full-time judge may a n for and serve on a committee establisshe pursuant to the regulattion of the Commissioner of Education in the school district in which the judge’s child is enrolled, the purpose of the committee being to bring about participation of paren

93-28_.pdf

Mon, 07 Mar 2005 15:13:30 EST

Opinion 93-28 March 11, 1993 Diuest: A judge may preside over narcotics cases where his or her spouse is secretary to the chief of the narcotics bureau In a district attorney's office, so long as the judge discloses the relationship, and feels he or she can be impartial. -Rules: 22 NYCRR SSl00.2, 10

93-29_.pdf

Mon, 07 Mar 2005 15:13:30 EST

Opinion 93-29 March 11, 1993 Diaest: A city court judge may permit the partner of a city attorney to appear for criminal defendaant Rules: 22 NYCRR S100.2. -ODinion : A city court judge inquires whether a partner of the city attorney may appear before the judge in representation of criminal defendan

93-30_.pdf

Mon, 07 Mar 2005 15:13:30 EST

Opinion 93-30 March ll, 1993 Diaest: A full-time judge may serve on a board of a community mediatiio service provided he or mediate cases, assumes no involvement in the disputes themselves and acts in a purely advisory capacity. 22 N'KRR SS100.4(a) and ( c ) , 100.5(a) she 1s not paid, does not -Rul

93-33_.pdf

Mon, 07 Mar 2005 15:13:31 EST

binion 93-33 March 11, 1993 Diuest: A town justice may not serve as a special prosecutor, w appointment of the district attorney's office, to prosecute zoning violations in the.same county in .which the justice's court is located. 22 lopcRR SSlOO.S(b) and 100.2. -Rules:minion : A part-time town just

93-34_.pdf

Mon, 07 Mar 2005 15:13:31 EST

Opinion 93-34 March 11, 1993 Diuest: A part-time town justice may not serve as Chair or member of the town's planning board. -Rules: 22 NYCRFt SS100.2, lOO.S(b)l) 100.5(h) minion: A part-time town justice requests that this Committee reconsider our prior opinions that a part-time judge cannot serve

93-35_.pdf

Mon, 07 Mar 2005 15:13:31 EST

Opinion 93-35 March 11, 1993 Diuest: A part-time village justice may send an unsolicited letter to a district attorney suggesstin an interview and hiring of a law student as an assistant district attorney after the student graduates, where the district attorney does not prosecute cases in the justic

93-36_.pdf

Mon, 07 Mar 2005 15:13:31 EST

I Opinion 93-36 March 11, 1993 Dicrest: A county court judge's princiipa law clerk may accept a volunteer position in a political campaign provided that no political activities take place on court premises or on court time, and provided that the clerk avoids any implication that he or she is acting

93-37_.pdf

Mon, 07 Mar 2005 15:13:31 EST

I" Opinion 93-37 March 11, 1993 Diuest: A supreme court justice may profit from the publication of a manual on criminal proceddure which originally was prepared by the judge for a judicial seminar. -Rules: 22 NYCRR SS100.4(a) 100.6(a) minion: profit from the publication of a manual on criminal narco

93-38_.pdf

Mon, 07 Mar 2005 15:13:32 EST

ppinion 93-38 March 11, 1993 Diqest: A judge may preside over cases handled by the law firm that employs the judge's principal law clerk's child, but the judge's clerk should not work on any case in which the clerk's child is involved. Rules: 22 NYCRR 1 0 0 . 3 ( ~ ) minion: is permissible to presid

93-39_.pdf

Mon, 07 Mar 2005 15:13:32 EST

93-39 March 26, 1993 - The Advisory Committee on Judicial Ethics at its meeting of March 11, 1993, considered your Inquiry (93-39) of March 9, 1993, concerning whether you may accept an invitation from your child to act as a judge in a public high school@s debate tournament, especially since other p

93-41_.pdf

Mon, 07 Mar 2005 15:13:32 EST

Opinion 93-41 April 29, 1993 Diuest: A Family Court Hearing Examiner may not act as a marital or family counselor. 5(C) Famfly Court Act S439(a) and (e) Uniform Rules for the Famlly Court S205.32(b) -Rules: Code of Judicial’Conduct, Canon -minion: The committee8 on further Eons.ideration and in ligh

93-42_.pdf

Mon, 07 Mar 2005 15:13:33 EST

Opinion 93-42 April 29, 1993 Dioest: A town justice may accept, on behalf of the town court, a recording system in lieu of a court stenographer from the district attorney. -Rules: 22 NYCRR 100.5(3) minion: A town justice inquires whether it would be proper to accept from the district attorney a reco

93-43_.pdf

Mon, 07 Mar 2005 15:13:33 EST

Opinion 93-43 April 29, 1993 DiQeSt: A part-time judge, who also is an attorney, may permit practiic in his or her court by members and associates of a law firm to which a judge of another court in a differeen village is of counsel. Opinion 90-140, Vol. VI. -Rules: 22 N'YCRR lOO.S(f) minion : A part

93-44_.pdf

Mon, 07 Mar 2005 15:13:33 EST

Opinion 93-44 April 29, 1993 Diuest: A newly-elected judge may collect a percentage of a contingency fee awarded to the judge's former law partners for work performed prior to assuming office, provided the contingeenc fee arrangement i s otherwise proper. and (2) -Rules: 22 NYCRR lOO.z(a) lOO.S(c)l)

93-46_.pdf

Mon, 07 Mar 2005 15:13:33 EST

Opinion 93-46 April 29, 1993 Diuest: There is no ethical objection to a Surrogate's Court maintaiinin its bank account in a bank in which the Surrogate owns a small block of shares, where the bank i s designated by the Comptroller and not the Court. Rules: 22 NYCRR 100.2, -22 mCRR 100.3(C)l)iii) -mi

93-48_.pdf

Mon, 07 Mar 2005 15:13:33 EST

Opinion 93-48 April 29, 1993 D i q e s t : There is no ethical objection to a village court using the "standard* village stationery, which includes the mayor's names in the letterhead. -Rules: 22 NYCRR 100.1, 100.2. minion: court using the "standard" village stationely, which includes the mayor's na

93-49_.pdf

Mon, 07 Mar 2005 15:13:34 EST

Opinion 93-49 April 29, 1993 Diuest: A village justice should recuse himself or herself from presiding over a case where the village mayor is one of the complaining witnesses. -Rules: 22 NYCRR 100.2(a) and (c) minion: preside over a criminal misdemeanor jury trial where one of the complaining witnes

93-50_.pdf

Mon, 07 Mar 2005 15:13:34 EST

Opinion 93-50 April 29, 1993 Diqest: A judge who has recused himself or herself pursuant to the holding in Opinion 92-34, Vol. IX, may now preside over matters brought before the court by a particular attorney, since all prior obstacles between the judge and the subject attorney have been removed. W

93-51_.pdf

Mon, 07 Mar 2005 15:13:34 EST

Opinion 93-51 April 29# 1993 Dioest: There is no ethical objection to a town judge accomodating in the courthouse a E bono panel of local attorneys to Consult with unrepresented parties in civil and small. claims actions commenced in the town court, provided that it is made clear that the attorneys

93-52_.pdf

Mon, 07 Mar 2005 15:13:34 EST

Opinion 93-52 October 28, 1993 Diaest: A judge seeking re-election may accept an endorsement from the Right to Life party. -Rules: Canon 7(B)l)c) minion : requested an opinion as to whether the judge may accept the endorsement of the Right to Life party. The judge previously ran for office on the Re

93-53_.pdf

Mon, 07 Mar 2005 15:13:35 EST

Opinion 93-53 April 29, 1993 Diqest: Family Court judges may be active in the Y.E.S. Mentoring Program in an advisory capacity, within the restrictions of 22 NYCRR 100.5(b) -Rules: 22 NYCRR 100.5(b) minion: continue to be active in the Youth Empowerment for Success (Y.E.S. Mentoring Program, which w

93-54_.pdf

Mon, 07 Mar 2005 15:13:35 EST

Opinion 93-54 April 29, 1993 piuest: Although a New York City Supreme court justice may act as a faculty member of a trial advocacy training program sponsored' by the New York City Corporation Counselgs office, he or she may not accept a stipend for participating. Rules: 22 NYCRR 100.4(a) -2) - -22

93-55_.pdf

Mon, 07 Mar 2005 15:13:35 EST

Opinion 93-55 April 29, 1993 Dioest: A full-time judge may make an appearance before the Executive Committee of a political party for the purpose of being intervieewe as a possible candidate for the position of district attorney. -Rules: 22 NYCRR 100.7 -minion: special appearance before the Executiv

93-56_.pdf

Mon, 07 Mar 2005 15:13:35 EST

Opinion 93-56 June lor 1993 I Diuest: A judge may use unexpended campaign funds to purchase office equipment, which becomes the property of the State court system. Rules: Election Law S14-130; Canon 7 ( ~ ) (2) of the Code of Judicial Conduct. 7 minion: committee may use unexpended campaign fonds to

93-57_.pdf

Mon, 07 Mar 2005 15:13:36 EST

Opinion 93-57 September 14, 1993 Picresf: A town justice who is permitted to practice law and the justice's law partners may handle cases befare any lay judge in the county except in the lavyer-judge's own court, notwithstanding that at an earlier stage -but before the inquiring justice $ecame a jus

93-58_.pdf

Mon, 07 Mar 2005 15:13:36 EST

Opinion 93-58 June 10, 1993 Diaest: A town judge may not partfcipaat in a program devised by the District Attorney, which directs the manner in which tha judge may reduce. charges in traffic infraction cases in his or her court. Opinion 87-28 (a) -Rules: 22 NYCRR SlOO.1; minion : implementing a prog

93-59_.pdf

Mon, 07 Mar 2005 15:13:36 EST

Opinion 93-59 June lo, 1993 Diaest: A judge need not recuse himself or herself in cases handled by an attorney who .is the sibling of a psychologist frequently utilized by the judge as an expertr provided that such cases are unrelated to cases in which the psychologist has been appointed. -Rules: 22

93-60_.pdf

Mon, 07 Mar 2005 15:13:37 EST

Opinion 93-60 June lo, 1993 Diuest: A City Court fudge may not inquire of members of the local crimfnal bar whether any of them would accept as a private client someone who could only pay an "authorized payment" as the interests of justice may dictate as outlined in County Law Sf22-d. -Rules: 22 IUY

93-61_.pdf

Mon, 07 Mar 2005 15:13:37 EST

Opinion 93-61 September 14, 1993 Diuest: A judge must disqualify himself or herself from presiding over cases being handled by the law fi-la that has recently represennte and at present represeent the judge and his family in several matters, unless after-full disclosure, the parties consent and the

93-62_.pdf

Mon, 07 Mar 2005 15:13:37 EST

Opinion 93-62 June I O r 1993 Diuest: A judge,who was formerly a prosecutor, may preside over violation of probation mattersr where the violation of proba-tion occurred after the judge's appointment to the bench, but the underlying sentence was imposed while the fudge was still employed as a prosecu

93-64_.pdf

Mon, 07 Mar 2005 15:13:37 EST

Opinion 93-64 June 10, 1993 Digest: An incumbent judge may not agree to decline a nomination by a political party as a condition of re-nomination by another party. Rules: 22 NYCRR S100.1. -Opinion: into an agreement whereby they will be "cross-endorsed" by the major political parties, conditioned on

93-65_.pdf

Mon, 07 Mar 2005 15:13:38 EST

Opinion 93-65 June lo, 1993 p=t: A judge need not disqualify himself or herself from a ease in which the defendant's attorneys previously worked for a law firm that represented an association of which the judge was president prior to ascending the bench, provided that -the judge fully discloses the

93-67_.pdf

Mon, 07 Mar 2005 15:13:38 EST

Opinion 93-67 June 10, 1993 Diaest: It is permissible for a town court to allow its computeerize files to be made part of a town computer netwoor system, provided the judges of the town court are satisfied that the confidentiaalit of court matters will be safeguarded. Rules: 22 NYCRR 100.3(b) -minio

93-68_.pdf

Mon, 07 Mar 2005 15:13:38 EST

Opinion 93-68 September 14, 1993 Diqest: It is ethically permissible for the law partner of a city court judge to commence an action against the city in which the judge sits, provided that the, individual attorney, and not . the firm8 is the attorney of record, and that the judge disassociates himse

93-70_.htm

Mon, 07 Mar 2005 15:13:38 EST

Opinion: 93-70. September 14, 1993. Digest. A full-time judge is not required to disqualify himself or herself from cases handled by attorneys who previously had represented a class-action group which included the judge’s spouse.Rules. 22 NYCRR 100.3 ( c ). A full-time judge inquires whether the judge must

93-71_.pdf

Mon, 07 Mar 2005 15:13:39 EST

Opinion 93-71 October 28, 1993 I Dieest: It is improper for a part-time judge, who is permitted to practice law, personally to appear in a court in the same county in which he or she is a judge, presided over by another judge who is permitted to practiic law, although another attorney from the same

93-73_.pdf

Mon, 07 Mar 2005 15:13:39 EST

Opinion 93-73 September 14, 1993 Diqest: A town justice who is permitted to practice law need not recuse himself or herself from proceeddizg involving the District Attorney's office, after an adversarial proceeding between the justice (representing his OE her sporse) and the District AttOrney'8 Offi

93-74_.pdf

Mon, 07 Mar 2005 15:13:39 EST

Opinion 93-74 September 14, 1993 Digest: A judge may be quoted in the annual report of the Adoptive Families of America, Inc. provided that all referencesto judicial status are omittedr and that the report 'is not used for fundraiisin purposes. -Rules: 22 mCRR S100.2(c) minion: permission to Adoptiv

93-76_.pdf

Mon, 07 Mar 2005 15:13:40 EST

Opinion 93-76 September 148 1993 Diuest: A part-time acting judge, who is permitted to practice law, may not appear on behalf of a client in the court in which the part-time judge presides, even though the appearance i s simply to move to transfer the case. Judiciary Law S16; See also, Opinion 90-19

93-78_.pdf

Mon, 07 Mar 2005 15:13:40 EST

Opinion 93-78 September 14, 1993 Diueat: A judges' association may engage in activities which express the group's position, including the development of educational workshops with other groups, and producing letters, articles and public forums on the appointment or election of judges. Such an associ

93-80_.pdf

Mon, 07 Mar 2005 15:13:40 EST

Opinion 93-80 September 14, 1993 Diuest: A judge may not contribute unexpended campaign funds to a community legal assistance group, but should return those funds to the donors. -Rules: 22 lqpCRR 5100.7. minion: A recently-elected judge inquires whether the judge's campaign committee may donate unex

93-81_.pdf

Mon, 07 Mar 2005 15:13:40 EST

Opinion 93-81 September 14, 1993 Dicrest: A full-time judge may act as an executor or executrix of the joint will for the estate of a family member and m y receive compensation which i s reasonabbl and not exceeding what a person who is not a judge would receive for the same activity. -Rules: 22 NYC

93-82_.pdf

Mon, 07 Mar 2005 15:13:41 EST

Opinion 93-82 September 14, 1993 Diqest: A full-time judge may be speaker at meetings of organizations of real estate managers concerning operation of the landlord/tenent parts of the judge's court, but must avoid questions reflecting on impartiality or on pending matters. -Rulers- 22 IWCRR S100.4(a

93-84_.pdf

Mon, 07 Mar 2005 15:13:41 EST

Opinion 93-84 September 148 1993 Diqest: Without the approval of the Chief Administrator of the not serve as an executor of an estate of a non-relative or as a testamentary trustee for former clients. 22 NYCRR S100.5(d) Canons 5D and SF of the Code of Judicial Conduct. . Courts, a full-time judge ma

93-85_.pdf

Mon, 07 Mar 2005 15:13:41 EST

Opinion 93-85 September 14, 1993 Diqest: An acting city court judge may not accept appointment by a justice or surrogate of the judge's judicial district as a guardian ad litem. -Rules: 22 NYCRR SJb.l(b)l) 1 minion : accept appointment by a justice or surqogate of the judge's judicial district as a

93-87_.pdf

Mon, 07 Mar 2005 15:13:41 EST

Opinion 93-87 September 14, 1993 Diaest: Provided that he or she can be impartial, a family court judge need not disclose his or her former position on the board of directors of a shelter for battered women when a .representtativ from the shelter appears as an advocate in the judge's court, nor need

93-88_.pdf

Mon, 07 Mar 2005 15:13:42 EST

Opinion 93-88 October 28, 1993 Disest: The CPL 510.40(3) rule that a judge must examine bail posted in any form does not ethically preclude a judge gram delegattin the ministerial function of counting posted cash for bail to a court clerk, or an appropriate custodial or police official . -Rules: 22

93-89_.pdf

Mon, 07 Mar 2005 15:13:42 EST

Opinion 93-89 October 28, 1993 Diqest: A Criminal Court judge &y recommend a private practicing attorney, specializing in criminal defense work, to a friend, as long as the judge makes clear that it io not an official recommendation. The judge may not preside over the matter -Rules: 22 NYCRR 100.2(c

93-90_.pdf

Mon, 07 Mar 2005 15:13:42 EST

ADVISORY COMMI'ITEE ON JUDICW ETHICS c/o OFFICE OF COURT ADMINISTRATION 270 BROADWAY, ROOM 1401 NEW Vow< NEW YORK 10007 . I ! 93-90 September 24, 1993 The Advisory Committee on Judicial Ethics at its meeting of September 14, 1993, considered declined to render an opinion in this matter, since the Co

93-91_.pdf

Mon, 07 Mar 2005 15:13:42 EST

opinion 93-91 September 14, 1993 w: There is no ethical prohibitiio against a judge owning residential real property from which rental income is derived, as long as the tenants are not attorneys or other individuals who are likely to appear in the judge's court. plleg: 22 NYCRR SlOO.S(c) (1) \ . A f

93-92_.pdf

Mon, 07 Mar 2005 15:13:42 EST

Opinion 93-92 October 28, 1993 Dioest: A judge should not perform weddings at a commercial wedding chapel at the request of the proprietor; the judge may perform a wedding at such a place at the request of.the prospective bride or groom or their families. -Rules: 22 NYCRR 100.2(c) minion: a wedding

93-94_.pdf

Mon, 07 Mar 2005 15:13:43 EST

Opinion 93-94 September 14, 1993 I Diaest: A judge may attend a purely social reunion dinner of the former members of a political club that was completely dishhi name to be used, without any official designation, on the invitation letterhead which i s entitled "Alumni of the [named political] I I I

93-95_.pdf

Mon, 07 Mar 2005 15:13:43 EST

Opinion 93-95 September 14, 1993 Diuest: A town justice, who hears cases involving DWI charges, may not serve as the administrator of the countyls "Stop DWI Program. Rules: 22 NYCRR 100.5(h) minion: the position of Administrator of the county's "Stop DWI Program, if the county merges that Program w

93-97_.pdf

Mon, 07 Mar 2005 15:13:43 EST

Opinion 93-97 September 14, 1993 Dioest: A judge may not accept a position on the advisory board of a legal publishing company. 1 I I -Rules: 22 NYCRR S100.5(2) I I I I minion: a position on the advisory board of a legal publishing company, with an honorarium in the amount of $2,500.00. Administrato

93-98_.pdf

Mon, 07 Mar 2005 15:13:44 EST

Opinion 93-98 rOctober 28, 1993 Dicrest: A town justice may accept an appointment as a law guardian pursuant to the Family Court Act -Rules: 22 NYCRR S36.l(b)1) and (e) (3) (i) minion: accept an assignment by the Family Court to act as a law guardian. list. A town justice inquires whether it is appr

93-99_.pdf

Mon, 07 Mar 2005 15:13:44 EST

Opinion 93-99 December 9, 1993 Diaest: A judicial candidate may seek or accept the mappat and endorsement of the National Women's Political Caucus andlor of the Republican Pro Choice Pac, and may accept financial contributions and other campaign assistance, but may not personally solicci funds or co

94-01_.pdf

Mon, 07 Mar 2005 15:13:44 EST

Opinion: 94-01 March 10, 1994 Diqest: (1) A judge must disqualify himself or herself in a proceeding where the judge's cousin-in-law appears as an attorney before the judge, unless after disclosure, and in accordance with the procedures for remittal of disqualification, the parties agree that the ju

94-02_.pdf

Mon, 07 Mar 2005 15:13:45 EST

Opinion: 94-02 March 10, 1994 Diqest: A part-time judge may not serve on a regional council dealing with coordination, implementation and managemeen of polices affecting natural resources. 100.7(e) 100.1 -Rules : 22 NYCRR SSlOO.S(h) Ooinion: A recently elected town justice inquiries whether it is pe

94-03_.pdf

Mon, 07 Mar 2005 15:13:45 EST

Opinion: 94-03 March 10, 1994 Digest: A part-time town justice who is a member of and the space coordinator or a local church may continue in such activity and sign bills sent to groups using the space. The judge should not use the judge's judicial title in signing such bills or in correspondence re

94-04_.pdf

Mon, 07 Mar 2005 15:13:45 EST

opinion 94-04 piaest: (1) An acting village justice, who is employed full time as a professor at a college of the s m system, generally may preside over matters involving students, so long as there is no impropriety and the judge has no personal bias or prejudice concerning the party or personal kno

94-05_.pdf

Mon, 07 Mar 2005 15:13:46 EST

Opinion: 94-05 March 10, 1994 Digest: A Surrogate Judge should recuse hidherself where the attorney on the case is a partner or an associate of the judge's ' former law firm to avoid the appearance of impropriety, subject to remittal of disqualification by all parties who appear. A two-year period i

94-06_.pdf

Mon, 07 Mar 2005 15:13:46 EST

Opinion: 94-06 April 28, 1994 Dicfest: A judge should not continue to serve as a director of a charitable organization engaged in various litigations, even though the judge had been appointed a director by the court prior to becoming a judge and as a result of allegations of wrongdooin by predecesso

94-07_.pdf

Mon, 07 Mar 2005 15:13:46 EST

Opinion: 94-07 April 28, 1994 Digest: A county magistrate's association may not hold a dinner/dance on behalf of the association which will involve the sale of tickets and solicitation of the public and which will financially benefit the association, nor can a judge appear as a speaker at the event.

94-08_.pdf

Mon, 07 Mar 2005 15:13:46 EST

Opinion: 94-08 April 28, 1994 Diqest: A full-time judge may serve as a member of a Board of Trustees of a not-for-profit condominiiu trust and receive nominal compensation, but may not render legal or investment advice or participate in decisions likely to lead to litigatiion Compliance is required

94-09_.pdf

Mon, 07 Mar 2005 15:13:46 EST

Opinion: 94-09 March 10, 1994 Diqest: A newly elected full-time judge may not continue to retain an interest in a partnership which operates a commercial enterprise and owns the building and land. The judge should terminate the partnership relationship as soon as possible and should not actively par

94-10_.pdf

Mon, 07 Mar 2005 15:13:48 EST

Opinion: 94-10 Digest: A part-time judge may not retain a position as the Community L i b representative in the local office of an assemblyman to whom the judge would report concerning problems or requests of constituents. -Rule: 22 NYCRR SSlOO.S(h) 100.7(e) minion: A newly-elected part-time judge,

94-101_.pdf

Mon, 07 Mar 2005 15:13:47 EST

Opinion: 94-101 Digest: A part-time acting judge, whose spouse is a member of the village board of trustees, may run, and if . successful, may serve as a village justice, subject to disclosure and recusal or remittal on consent in matters involving the village. 22 NYCRR 100.3(C)l) (iv)a) 100.3(d) 10

94-104_.htm

Mon, 07 Mar 2005 15:13:47 EST

Opinion 94-104. November 15,1994. Digest. A candidate for justice of the Supreme Court, upon taking office, must resign his/her position as trustee of a local community college which is part of the State University of New York.Rules. Art. 6, § 20 (b) (1) New York State Constitution.. A candidate for justice o

94-105_.pdf

Mon, 07 Mar 2005 15:13:47 EST

Opinion: 94-105 November 15, 1994 Dioest: A part-time judge seeking election to a full-time judicial position may participate in permitted political activities beginning nine months before the nominating event and ending six . months after the general election. Rule: 22 NYCRR 100.7 (dc&S) Opinion 92

94-107_.pdf

Mon, 07 Mar 2005 15:13:47 EST

opinion: 94-93 94-107 November 15, 1994 Diuest: A judge may not permit an attorney to practice before the court if the attorney is associated with a co-judge of the court who is permitted to practice law, where the association consists of sharing oi space or secretarial services, or rental of space,

94-108_.pdf

Mon, 07 Mar 2005 15:13:48 EST

Opinion: 94-108 November 15, 1994 Digest: A part-time town judge who is employed as a paralegal by a law firm must recuse himself/herself in cases in which the law firm appears, but such cases may be heard by the other town judge. -Rule : 22 NYCRR 100.2; 100.3(c) 100.5( f) . minion: The two part-tim

94-11_.pdf

Mon, 07 Mar 2005 15:13:50 EST

Opinion: 94-11 March 10, 1994 Diqest: A judge who is a party respondent in an article 78 proceeding in which the Office of Court Administration is moving for leave to appeal and in which several attorneys are moving to be granted leave for their clients to appear amicus curiae or to intervene (1) mu

94-110_.pdf

Mon, 07 Mar 2005 15:13:48 EST

Januam 3, 1995 Re: 94-110 Judge The Advisory Committee has considered your request of October 31, 1994, concerning the propriety of your eo-judge on the Family Court bench hearing the adoption petition that you intend to file with respect to your adoption of your step-daughter. As long as the propos

94-111_.pdf

Mon, 07 Mar 2005 15:13:48 EST

Opinion: 94-111 November 15, 1994 Diaest: A judge may serve on the Board of Directors of a golf and country club, organized as a private . not-for-profit corporation. -Rule: 22 NYCRR 100.5(a) minion: of the Board of Directors of a golf and country club which is organized as a private not-for-profit

94-112_.pdf

Mon, 07 Mar 2005 15:13:48 EST

94-112 March 3, 1995 YOUI letter of October 17, 1994, seeks our opinion concemiin the propriety of your dismissal of certain crimii cases that had been instituted by your co-judge. The Committee has considered your request but declines to render an advisory opinion. The inquiry regarding the proprie

94-113_.pdf

Mon, 07 Mar 2005 15:13:49 EST

Opinion: 94-113 January 19, 1995 U$G: A judge's activity in buying and selliin oriental carpets incidental to a hobby as a collecctor may constiitut an impermiissibl business activity, depending upon the extent and frequency of such transactions & 22 NYCRR 100.5(2) Qoinion: A full-time judge reports

94-114_.pdf

Mon, 07 Mar 2005 15:13:49 EST

Opinion: 94-114 Diaest: A recently appointed part-time judge, who January 19, 1995 is permitted to practice law may not seek reassignment to a lay judge of cases of clients presently pending before a lawyer-judge solely for the purpose of permitting the fudge to remain an attorrne in those -cases. E

94-115_.pdf

Mon, 07 Mar 2005 15:13:49 EST

Opinion: 94-115 January 19, I995 Piaest: A full-time judge may not serve as trustee of a church if required to solicit the congreggatio for contribuutions u: 22 NYCRR 100.5(b)2) m: A full-time judge inquires if he/she may serve as a trustee of a church, the duties of which may include addressing the

94-116_.pdf

Mon, 07 Mar 2005 15:13:49 EST

Opinion: 94-116 January 19, 1995 p- A judge may not particippat in a television production intended to result in a television series based upon the judge's judicial experieence and life, for which the judge would receive compensation. Nor may the judge execcut a release concerrnin court proceeddings

94-12_.pdf

Mon, 07 Mar 2005 15:13:50 EST

Opinion: 94-12 March 10, 1994 Digest: A Surrogate Judge, running for re-election, may not preside over cases, during the campaign period, in which the attorney is the ' judge's campaign manager. Partners of the campaign manager may appear in the judge's court as long as the manager is not involved i

94-13_.pdf

Mon, 07 Mar 2005 15:13:50 EST

Opinion: 94-13 March 10, 1994 Diqest: A town justice who is a practicing attorney may represent a fire district within the geographical jurisdiction of his or her court, but must disqualify himself or herself in any matter involving the fire district. Rule: 22 NYCRR 100.2(a) -minion: A town justice,

94-14_.pdf

Mon, 07 Mar 2005 15:13:51 EST

Olsinion: 94-14 March 10, 1994 Digest: A judge may preside over cases where a former Hearing Examiner of the court appears, unless the judge determines that his or her relationship with the attorney might influence the judge's conduct or judgment. -Rule: 22 NYCRR S100.2(b) Ooinion: Rearing Examiner

94-147_.pdf

Mon, 07 Mar 2005 15:13:50 EST

Opinion: 94-147 December 14, 1995 Piaest: A ‘full-time judge may attend a nonfundrraisin dinner of a local community service agency which provides service to hidher court and also be honored with twenty-four other persons for volunteer services. However, the judge should not permit the use of his/he

94-15_.pdf

Mon, 07 Mar 2005 15:13:51 EST

opinion 94-15 March 10, 1994 w: A full-time judge may attend a political fundraiisin dinner, less than six months after election day, honoring all recently elected judicial and nonjudiicia candidates. 22 NYCRR C l m -7 ( a \ (1) and 2 R&as.e: w: Three recently elected, full-time judges ask whether t

94-16_.pdf

Mon, 07 Mar 2005 15:13:51 EST

Opinion: 94-16 March 10, 1994 Digest: A judge may not be the recipient of a "Special Leadership Award" to be given at a fundraising dinner held by a charitable foundation. Rule : 22 NYCRR S100.5(b)2) -Opinions 91-92, 91-138, VOl. VI11 minion: Award" from a charitable foundation in recognition of his

94-18.htm

Mon, 12 Dec 2005 18:16:46 EST

Opinion 94-18. March 10, 1994. Digest. A full-time judge may remain a shareholder of the professional corporation under which he/she practiced law, solely for the purpose of winding up its affairs.Rules. Code of Judicial Conduct, Canon 5 (f). The inquiring full-time judge took office on January 1, 1994. Since 1982 th

94-19_.pdf

Mon, 07 Mar 2005 15:13:51 EST

Opinion: 94-19 March 10, 1994 Diaest: (1) A part-time law clerk MY serve as a school board member, and as a conservator, trustee and guardian for individuals in as much as such activities do not constitute the practice of law and insofar as they do not interfere with his or her duties as a part-time

94-20_.pdf

Mon, 07 Mar 2005 15:13:52 EST

Opinion: 94-20 Uarch 10, 1994 Diaest: A part-time judge who is a practicing attorney, by merely ceasing to be employed by a firm, having the judge's name removed ' from the firm letterhead, and renting office space from the firm, does not change the judge's business relationship with the firm and th

94-21_.pdf

Mon, 07 Mar 2005 15:13:52 EST

opinion: 94-21 March 10, 1994 Digest: A judge's campaign committee may not engage in a solicitation of funds to repay the indebtedness of prior campaigns when the liability is a loan to those campaign committees from the judge and the judge's spouse. Rules : 22 NYCRR SS100.2(C) -100.7 minion: 1994,

94-22_.pdf

Mon, 07 Mar 2005 15:13:52 EST

Opinion: 94-22 March 10, 1994 Diaest: A judge may not comment publicly about a pending matter despite the false, misleading and inaccurate public statements being made by a litigant. -Rule: 22 NYCRR S100.3(a)6) minion: the inquiring judge presides on numerous occasions in matters involving child cus

94-23_.pdf

Mon, 07 Mar 2005 15:13:53 EST

March 10, 1994 Opinion: 94-23 m: Individual members of a board of judges need not recuse themselves from matters in which members of a law firm representing the board appear. However, if the law firm were to represent the board members in8ividually, then those judges must recuse themselves from matt

94-23_a.pdf

Mon, 07 Mar 2005 15:13:53 EST

opinion 94-23-a supplementing opinion 94-23 piaest: A board of judges as a party in a lawsuit and appearing as an institutional body may be represented on a m Brian basis. mAl= 22 NYCRR 100.5(3) QrJinion: In opinion 94-23, Vol. XII, the Committee deferred for subsequent consideration the matter of t

94-24_.htm

Mon, 07 Mar 2005 15:13:53 EST

94-25_.pdf

Mon, 07 Mar 2005 15:13:53 EST

Opinion: 94-25 March 10, 1994 Diqest: A judge may place a congratuulator notice in a journal published in conjunction with a fund-raising event of a charitable organization. 22 nCRR SlOO.B(b)2) Joint Opinion 92-70 and 92-84 -Rules : minion: members of the judiciary to make charitable contributions b

94-26_.pdf

Mon, 07 Mar 2005 15:13:53 EST

opinion: 94-26 mrch 10, 1994 Diaest: A part-time judge may be a member or officer and run for the position of President of the local , Chamber of Commerce. Recusal in cases involving parties who are members of the Chamber is not required. Fund-raising, directly or indirectly,is prohibited. 22 mcRR S

94-27_.htm

Mon, 07 Mar 2005 15:13:54 EST

Opinion 94-27. March 10, 1994. Digest. A full-time judge who serves as judge of Surrogate’s Court is not precluded from serving as co-executor of a family member’s estate since under the set of facts presented, the judge is required to recuse himself/herself from hearing the case, and, if necessary, ask the Admin

94-28_.htm

Mon, 07 Mar 2005 15:13:54 EST

Opinion 94-28. March 10, 1994. Digest. A county magistrates’ association may sponsor athletic teams, in which the teams would wear clothing identifying the association.Rules. 22 NYCRR §100.2(c) 100.5(a)b). On behalf of a county magistrates association a judge asks whether the association may sponsor youth

94-29_.pdf

Mon, 07 Mar 2005 15:13:54 EST

Opinion: 94-29 March 10, 1994 Digest: A town justice may not represent private clients in certiorari proceedings against the town where the justice's court is located. -Rules : 22 NYCRR SS 100*5(h) 100.2 (a) minion: A town justice who is a practicing attorney inquires whether it is a conflict if the

94-30_.pdf

Mon, 07 Mar 2005 15:13:54 EST

Opinion: 94-30 April 20, 1994 Digest: A declared candidate for judicial office may personally seek political support for the nomination. Attendance at fundraising functions must be within the time period specified in Rule 100.7. Rule : 22 NYCRR 100.7 minion: seeking nomination for the office of fudg

94-31_.pdf

Mon, 07 Mar 2005 15:13:55 EST

opinion: 94-31 March 10, 1994 Diaest: It is unethical for judges to attend "training sessions" sponsored by a law enforcement agency if the purpose is "to maximize enforcement. -Rules : 22 WCRR 100.2 (a) (c) Ooinion: is ethically permissible to accept an invitation to attend a "specialized training"

94-32_.pdf

Mon, 07 Mar 2005 15:13:55 EST

Opinion 94-32 April 28, 1944 piaest: The law firm of which a part-time village justice is a member may represent a private client before the Village Board, the Village Planning board and in litigation against the Village in the supreme Court, but the justice may not participate in such representatio

94-33_.pdf

Mon, 07 Mar 2005 15:13:55 EST

opinion: 94-33 April 28, 1994 Digest: A part-time judge should not preside over cases in which the law firm appearing is representing . the judge in an adoption proceeding, even if the matters involve *pleas by mail. st Rules : 22 HYCRR 100.2(C) -Opinion 93-09, Vol. X minion: adoption proceeding by

94-34_.pdf

Mon, 07 Mar 2005 15:13:55 EST

opinion: 94-34 Diaest: A full-time judge may preside over matters involving (1) a local school district where a member of its board is the sister-in-law of the judge's law clerk, or (2) the county legislature when a member thereof is the husband of the judge's law clerk, provided the judge discloses

94-35_.pdf

Mon, 07 Mar 2005 15:13:56 EST

opinion 94-35 piaest: A judge need not prohibit membership in a political party by the clerk of the Court who was not a personal appointee of the judge. Rule 25.39(e) of the Rules of the Chief Judge pertaining to the holding of elective office in a political organization applies. BUh: 22 NYCRR SlOO.

94-36_.pdf

Mon, 07 Mar 2005 15:13:56 EST

Opinion: 94-36 March 10, 1994 Diqest: A judge may write a letter of recommendation for an attorney who has appeared before the judge regularly as assistant district attorney, which letter expresses the judge's opinion of the attorney's perf onnance. Rule: 22 mcRR S100.2(C) -minion: regularly an an a

94-37_.pdf

Mon, 07 Mar 2005 15:13:56 EST

opinion 94-37 April 28, 1994 uaest: A full-time judge may not serve on a Mayor's Committee on the Judiciary whose function is to submit recommendatiion of candidates to the Mayor for appointment to the Family and Criminal Courts, and interim appointments to Civil Court. 22 NYCRR 100.7. N.Y. Const. A

94-38_.pdf

Mon, 07 Mar 2005 15:13:56 EST

Opinion: 94-38 April 28, 1994 Diuest: A judge who appointed an attorney guardian in a competency proceeding may also retain the same attorney to represent an estate in which the judge is both co-fiduciary and co-beneficiary where there is no appearance of impropriety and where the two matters are to

94-40_.pdf

Mon, 07 Mar 2005 15:13:56 EST

Opinion: 94-40 April 28, 1994 Diqest: A full-time judge may apply personally for a law school teaching position within the Court's geographical jurisdiction. -Rules : 22 SOYCRR 100.6(d)2) minion: apply in writing for a position as an adjunct professor of law at schools of law within the geographical

94-42_.pdf

Mon, 07 Mar 2005 15:13:57 EST

Opinion: 94-42 April 28, 1994 Diaest: A full-time judge may respond informally to questions from attorneys who are friends as to legal issues, if there is relationship or compensation, and if such comments do not constitute personal participation in the litigation. 'no attorney-client Rules : canon

94-44_.htm

Thu, 31 Mar 2005 20:17:32 EST

Opinion 94-44. June 16,1994. Digest. A retired Supreme Court Justice serving as a Judicial Hearing Officer may not make political contributions or attend political rallies.Rules. 22 NYCRR 100.7; Code of Judicial Conduct, Canons 7 (A)1) c) 7(A)4) Opinion 92-73, Vol IX.. A retired Supreme Court Justice serving as a Judic

94-46_.pdf

Mon, 07 Mar 2005 15:13:57 EST

Opinion: 94-46 April 28, 1994 Diaest: As long as a judge believes that he or she can remain impartial, the judge need not recuse himself or herself from a proceeding merely because an attorney participating therein accuses the judge of misconduct in a letter addressed to the judge, the Administrativ

94-47_.pdf

Mon, 07 Mar 2005 15:13:57 EST

Opinion: 94-47 April 20, 1994 Diqest: A judge should disclose the fact to adversary counsel that an attorney and the court reporter are married, i n matters where that attorney is appearing and the court reporter is recording the appearance. 22 mcRR 100.2 -Rules : minion: be marrying the court repor

94-48_.pdf

Mon, 07 Mar 2005 15:13:58 EST

Opinion: 94-48 April 28, 1994 Diaest: A judge who is a member of an association of attorneys may be the honoree at its annual dinner at which funds are raised by solicitation of advertisements for a souvenir journal. However, the judge may not participate in any actual fund raising or solicitation a

94-49_.pdf

Mon, 07 Mar 2005 15:13:58 EST

opinion 94-49 April 20, 1994 w: A surrogate is not disqualified from presiding over Supreme Court matters wherein an attorney who is the spouse of the Chief Clerk of the Surrogate's Court appears on behalf of Mental Hygiene Information Service. u s i 3 : 22 NYCRR 100.3(C) Obinion: The Chief Clerk of

94-50_.pdf

Mon, 07 Mar 2005 15:13:58 EST

Opinion: 94-50 April 28, 1994 Diuest: A town justice who has received a political party's nomination for County Court judge may use the term "Judge1' on lawn signs, billboards and other campaign literature, but may not use the word "re-elect. 'e 22 mCRR 100.2(a) Canon f(B)l)c) of the Code of Judicia

94-51_.pdf

Mon, 07 Mar 2005 15:13:58 EST

Opinion: 94-51 June 36, 1994 Diaest: A part-time village justice may serve as Chairperson of the Board of Directors of a Legal .Assistance Corporation, which represents indigent clients, subject to the proper performance of all judicial duties. Rules : 22 HPCRR 100.4, 100.4(C) -minion: A part-time v

94-52_.pdf

Mon, 07 Mar 2005 15:13:59 EST

Opinion: 94-52 Dimst: A judge is disqualified April 28, 1994 matters in which the from presiding over judge's police lieutenant spouse or the spouse's command was in any way involved, unless, following disclosure, all parties consent. 22 NYCRR 100.3(c) and Rule : -100.3(d) minion: A judge inquires w

94-55_.pdf

Mon, 07 Mar 2005 15:13:59 EST

Opinion: 94-55 June 16, 1994 Digest: A town justice is disqualified from presiding over proceedings initiated by a conservation officer who is married to a sister of the judge's spouse. -Rule: 22 KYCRR 100.3 (c) Opinion : A town justice inquires whether he/she is disqualified from hearing cases init

94-57_.pdf

Mon, 07 Mar 2005 15:13:59 EST

Opinion 94-57 June 16, 1994 Digest: A fudge may teach dancing classes for a not-forproofi corporation or which services compensation is received. Rule : 22 NYCRR 100.6 - minion: In Inquiry 94-19, a full-time judge asked whether it was permissible to continue to teach dancing classes at a private per

94-58_.pdf

Mon, 07 Mar 2005 15:13:59 EST

opinion: 94-58 June 16, 1994 Digest: A judge M y not establish a public clothing solicitation drive or the poor and homeless in the name of the court, nor may the judge permit the clerk of the court to do so. -Rule: 22 NYCRR 100.5(b)2) minion: clothing solicitation drive for the poor and homeless. S

94-59_.pdf

Mon, 07 Mar 2005 15:14:00 EST

Opinion: 94-59 June 16, 1994 Digest: A part-timP justice may accept an appointment to the board of trustees of a publicly funded school district for handicapped children. -Rules : 22 NYCRR lOO.S(b)h) minion: A part-time justice asks whether it is permissible to accept an appointment as a member of t

94-60_.pdf

Mon, 07 Mar 2005 15:14:00 EST

Opinion: 94-60 June 16, 1994 Diaest: Thwis no ethical prohibition against the spouse of a part-time judge being a town and county committee member of a political party. Rules : 22 NYCRR 100.7 -Opinions 90-88, Vol. VI; 91-85, Vol. VIII and 92-65; Vol. IX minion: county committees of a polittcal party

94-61_.pdf

Mon, 07 Mar 2005 15:14:00 EST

Opinion: 94-61 June 16, 1994 Diqest: A part-time judge should disqualify himself or herself in matters where a private litigant is also a .Town Board member, if the Town Board member participates in fixing the judge's salary. However, the judge may preside over any such matters if all parties consen

94-62_.pdf

Mon, 07 Mar 2005 15:14:01 EST

Opinion 94-62 June 16, 1994 Diaest: A town justice should not recuse himself or herself from proceedings where the town attorney who prosecutes zoning and recycling cases appears as defense counsel in vehicle and traffic and criminal cases, if the judge believes that he or she can be impartial. Rule

94-63_.pdf

Mon, 07 Mar 2005 15:14:01 EST

Opinion: 94-63 June 16, 1994 Dioest A full-time city court judge may serve on the board of trustees of a local community college outside New York City provided that the judge recuse8 himself or herself in any litigation affecting the college. Rules : tn? State Constitution, Article VI, S20(b)l) 22 l

94-64_.pdf

Mon, 07 Mar 2005 15:14:01 EST

July 21, 1994 Re: 94-64 on June 16, 19Y4, zne hvisory committee on Judicial Ethics considered your inquiry (93-64) dated May 23, 1994, concerning non-jury pre-trial conferences with the defendant, conducted by the district attorney. of a pre-trial conference may be sent t o a defendant, but only und

94-65_.pdf

Mon, 07 Mar 2005 15:14:01 EST

Opinion: 94-65 June 16, 1994 Digest: A full-time judge may serve as president of a coalition of community organizations formed for the preservation of an historic site, provided that the judge will not personally engage in the actual solicitation of funds or p e a t hislher name and office to be use

94-66_.pdf

Mon, 07 Mar 2005 15:14:02 EST

Opinion: 94-66 June 16, 1994 Diaest: A judge may not serve on the fundraising committee or contribute to the campaign of a candidate for elective political office in another state. Rule: " 22 NYCRR 100.7, -100.7(c)d)e) minion: fundraising committee on behalf of a law school classmate who is seeking

94-67_.pdf

Mon, 07 Mar 2005 15:14:02 EST

Opinion: 94-67 June 16, 1994 Digest: The campaign committee of judge seeking re-election may reproduce excerpts of audio and video recordings and photographs of court proceedings duly authorized under Part 131 of the Rules of the Chief. Administrator, in the judge's campaign. amteriala. Rules : 22 N

94-68_.pdf

Mon, 07 Mar 2005 15:14:02 EST

Opinion: .94-68 June 16, 1994 Divest: A judge may pennit the use of his or her naaIe or photograph in the advertising and promotion .of the judge's contribution to a legal publication provided that such material is restricted to the judge's contribution. Rules : 22 NYCRR lOO.Z)C) -100.4 (a) minion:

94-69_.pdf

Mon, 07 Mar 2005 15:14:02 EST

Opinion: 94-69 June 16, 1994 Dioest: A judge may participate in community, civic and charitable endeavors as a volunteer providing cervices, so long as the activity is not of a partisan political nature. -Rule: 22 NYCRR 100.5(b) Ooinion: community volunteer project organized by a local assemblyman.

94-71_.pdf

Mon, 07 Mar 2005 15:14:02 EST

Opinion: 94-71 September 22, 1994 DiqeSt: A part-time judge who is a practicing attorney should disqualify himself or herself where the police officer, appearing as arresting officer or witness, is a present client of the judge, or is a former client whose representation was within the past two year

94-72_.pdf

Mon, 07 Mar 2005 15:14:03 EST

Opinion: 94-72 September 22, 1994 Digest: A Supreme Court justice is not in violation of any ethics rule in continuing to consider substantive matters in a pending matrimonial action, notwithstanding the fact that in a federal criminal action involving the husband as a convicted defendant, the feder

94-73_.pdf

Mon, 07 Mar 2005 15:14:03 EST

Joint Opinion: 94-73 94-7s September 22, 1994 Diaest: A judge may accept a statutory witness fee tendered pursuant to the Federal Rules Of Civil Practice when duly subpoenaed to testify at a deposition in a Federal Court action. The fact that the statutory fee is payable by the State of New York Dep

94-74_.pdf

Mon, 07 Mar 2005 15:14:03 EST

Opinion: 94-74 September 22, 1994 Diqest: A part-time village justice who is also a high teacher may not preside over cases involving present students but may (1) hear cases involving foimer students as long as he/she can be impartial, (2) teach adult education classes and preside over moot court pr

94-75_.pdf

Mon, 07 Mar 2005 15:14:03 EST

94-76_.pdf

Mon, 07 Mar 2005 15:14:03 EST

opinion: 94-76 September 22, 1994 Digest: A judge is not prohibited from attending social events sponsored by a police association. Rule: 22 HYCRR 100.5(a) -Opinion: local judges attending various functions conducted by county police associations. ~lso, inquiry is made as to the propriety of a judge

94-77_.pdf

Mon, 07 Mar 2005 15:14:04 EST

Opinion: 94-77 September 22, 1994 Digest A judge is not ethically obligated to respond to mail that has been opened and that, upon .consideration, he/she concludes should not be answered. -Rule : 22 NYCRR 100.3 minion8 A judge acknowledges that there is an obligation to open all mail, but asks wheth

94-78_.pdf

Mon, 07 Mar 2005 15:14:04 EST

Opinion: 94-78 September 22, 1994 Digest: (a) A town justice campaigning for re-election may participate in a public debate with other candidates; (b) a town justice may also serve as a notary public; (c) a town justice may also serve a8 an officer of a not-for-profit organization, but cannot partic

94-79_.pdf

Mon, 07 Mar 2005 15:14:04 EST

October 31, 1994 Re: Inquiry 94-79 The Commstree nas considered your letter of July 11, 1994 in which you seek our opinion concerning a possible need for legislation or administrative authority relating to the use of FAX documents for bail or early release of prisoners. limited to the consideration

94-80_.pdf

Mon, 07 Mar 2005 15:14:05 EST

October 31, 1994 Re: 94-80 you have asked us to review a detailed comprehensive contract submitted to you by the publisher of a book on criminal procedure of which you are the co-author, for the putpose of determining whether any of its provisions conflict with ethical rules. The Committee is not in

94-82_.pdf

Mon, 07 Mar 2005 15:14:05 EST

Opinion: 94-02 Digest: A judge should direct that in cases where the spouse September 22, 1994 of the court's Traffic Clerk appears as attorney for defendants charged with traffic offenses, such matters are to be handled by a clerk other than the spouse of the attorney. Rule : 22 HVCRR 100.2(C) -min

94-83_.pdf

Mon, 07 Mar 2005 15:14:05 EST

Opinion: 94-83 September 22, 1994 Digest: A judge may not serve as an election inspector on behalf of a political Party * -Rules : 22 mCRR Sec. 100.2(a) 100.3 ; 100.5(C)l) 100.5(g) h (h) minion: acting as a Republican Inspector of Elections, a position the judge had filled prior to being elected a t

94-84_.pdf

Mon, 07 Mar 2005 15:14:05 EST

Opinion 94-84 September 22, 1994 Diqest: A part time judge is not required to recuse himself/herself in a matter in which the Village Attorney is both the plaintiff and also the plaintiff's attorney, in the absence of other diequalifying factors. 22 mcRR 100.2(b) .AA . Rules : minion: requested by a

94-85_.pdf

Mon, 07 Mar 2005 15:14:05 EST

Opinion: 94-85 Diaest: A part-time judge may not September 22, 1994 continue as the Treasurer remain as a member and of a county police .association. Rules : 22 NYCRR 100.5(b) -minion: he/she can remain as a member and continue as the Treasurer of a county police association, the membership of which

94-86_.pdf

Mon, 07 Mar 2005 15:14:06 EST

opinion: 94-86 September 22, 1994 Digest: A full-time judge seeking reelection who appears before a bar association's judicial screening committee does not need to recuse himself/herself from those cases wherein an attorney who sits on the screening committee appears before the judge, nor must the j

94-87_.pdf

Mon, 07 Mar 2005 15:14:06 EST

October 31, 1994 Re: 94-87 In your 1etzer orSeptember 9, 1994, you informed the Committee that you have announced your candidacy for a political party's designation as its candidate for the position of City Court judge. The election for this position is to be held in November 1995. to meet with part

94-88_.pdf

Mon, 07 Mar 2005 15:14:06 EST

Opinion: 94-88 September 22, 1994 Diuest: A part-time judge may not participate as an attorney in a civil action brought on behalf of the victim of an assault, which action is based upon acts committed by a criminal defendant whose case had been presided over by the judge; nor may the judge share in

94-89_.pdf

Mon, 07 Mar 2005 15:14:06 EST

Opinion: 94-89 September 22, 1994 Digest: A Village Justice may attend a retirement dinner held in his honor which i s being given by the village police benevolent association, the judge having served previously as a village police officer. 22 NYCRFt 100.5(a) -Rule : Orhion: attending a retirement d

94-90_.pdf

Mon, 07 Mar 2005 15:14:07 EST

Opinion: 94-90 September 22, 1994 Digest: A judge may not be a speaker at a fund-raising benefit sponsored by a local shelter for victims .of domestic violence. 22 NYCRR 100.5(b)2) -Rule : *inion: fundraising benefit on behalf of a local shelter for vfctime of family violence. provide a photograph,

94-91_.pdf

Mon, 07 Mar 2005 15:14:07 EST

Opinion: 94-91 September 22, 1994 Digest: A part-time town justice is not ethically prohibited from serving as a part-time stenographer .to a District Attorney of another county. -Rule: 22 mcRR 100.2 Opinion : Attorney is running for and anticipates being elected to the position of Town Justice in a

94-93_.pdf

Mon, 07 Mar 2005 15:14:07 EST

94-94_.pdf

Mon, 07 Mar 2005 15:14:07 EST

opinion 94-94 piaest: A judge is not required to recuse )mself/herself because a complaint has been made b the State Commission on Judicial Conduct by an attorney who now is substituted into an ongoing case as counsel for one of the parties, as long as the judge feels that hefshe can be impartial. 2

94-96_.pdf

Mon, 07 Mar 2005 15:14:08 EST

Opinion: 94-96 November 15, 1994 Disest: Where the town council is the body that fixes the judge's salary, a town justice should not preside in a case where the plaintiff is a town councilman and the defendant is the husband of a town councilwoman. -Rule: 22 lpyCRR 100.2; 100.3(c)l) minion: case whe

94-97_.pdf

Mon, 07 Mar 2005 15:14:08 EST

Opinion: 94-97 Disest: A judge seeking reelection November 15, 1994 election activiky may engage in permitted beginning nine months before the date of the party meeting at which a candidate will be designated. 22 NYCRR lOO.l(a)l) -Rule : Opinion: election in 1995, and who anticipates opposition to t

94-98_.pdf

Mon, 07 Mar 2005 15:14:08 EST

Opinion: 94-98 November 15, 1994 Diaest: A part-time judge may serve as a member of a County agricultural and farmland districting advisory committeet provided such service will not interfere with the judge's judicial duties. -Rule: 22 NYCRR loo.s(g) minionr as a member of a County Agricultural and

94-99_.pdf

Mon, 07 Mar 2005 15:14:08 EST

Opinion: 94-99 November 15# 1994 Diqest: A judge serving as co-chair of a law school alumni association annual luncheon may send a letter to other judges informing them of the event and requesting their partlcipation. Rule: 22 NYCRR 100.5 7 - -minion: A full-time judge serves as co-chair of a law sc

95-01_.pdf

Mon, 07 Mar 2005 15:14:09 EST

Opinion: 95-01 January 19, 1995 UgssZ: A full-time judge should divest himself or herself of investment property owned jointly with a police officer if the police officer will appeea frequently before the judge. If the police officer's appearances will be infrequent, the judge should recuse from mat

95-02_.pdf

Mon, 07 Mar 2005 15:14:09 EST

Opinion: 95-02 QUsSiL A judge serving as January 19, 1995 president of the a member or as Board of Trustees of a public library may not engage in fundraiisin activities, including the encouraggin of members of the legislature to appropriate funds for the organizatiion u: 22 NYCRR 100.5(b)2) A full-t

95-03_.pdf

Mon, 07 Mar 2005 15:14:10 EST

Opinion: 95-03 March 9, 1995 pioest: A part-time City Court judge should not accept appointment as in-house counsel to the local housing authority even if eviction cases are assigned to the other City Court judge and such cases are handled by a special counsel retained by the housing authority. l?JL

95-04_.pdf

Mon, 07 Mar 2005 15:14:10 EST

Opinion: 95-04 January 19, 199s a: A part-time Family Court confidential law law secretary may not be appointed Law Guardian in the Supreme Court or in other counties, without permission of the Chief Administrative Judge. Bulk: 22 WCRR 36.1 -36.5; Memorandum of Chief Administrative Judge, Decemmbe 1

95-05_.pdf

Mon, 07 Mar 2005 15:14:10 EST

Opinion: 95-05 January 19, 1995 Diaest: A part-time judge who is permitted to practiic law may not presiid over proceedings involving current cliennt and may not arraaig current, recent or past clients. Unlees more than two years have elapsed since the last representtation a judge should disqualify

95-06_.pdf

Mon, 07 Mar 2005 15:14:10 EST

Opinion: 95-06 January 19, 1995 Diaest: A part-time Town Justice may serve on a County Fire Cause and Origin Investigative Team that assists the Fire Chief within the County to determine the cause and origin of a fire, assuming that the posittio is not that of a peace officer and the judge remains s

95-07_.pdf

Mon, 07 Mar 2005 15:14:11 EST

Opinion: 95-07 January 19, 1995 piaest: A full-time judge who is a member of a law school board of directors may particippat in the homecommin activities of the law school, which include a fundraising aspect, provided the judge does not personally participate in the fundraising activitiies pules : 2

95-08_.pdf

Mon, 07 Mar 2005 15:14:11 EST

Opinion: 95-08 January 19, 1995 Piaesc: Judges may provide informational radio messages explaining the jurisdiction and procedures of the court. w: 22 NYCRR 100.3(a)b) 100.4 (a) A county magistrates' association inquires as to the The brief comments will be in the nature of public propriety of judge

95-10_.pdf

Mon, 07 Mar 2005 15:14:14 EST

Opinion: 95-10 Diaest: A full-time judge can January 19, 1995 Achievement Awards at present Certificate of Scout ceremonies which are not fundraisers. In addition, the judge may serve on the Board of Directors of a not-forproofi community group engaged in town revitalizaatio where the judge does not

95-100_.pdf

Mon, 07 Mar 2005 15:14:11 EST

Opinion: 95-100 September 21, 1995 Piaest:A full-time judge may not hold his wife's realestate broker's or sales license to avoid her possible conflict-ofinteeres while she is currently a full-time bankemplloye real estate appraiser. -22 NYCRR 100.5 (c)1)d) (C) (2) Dbinion: A full-time judge inquire

95-101_.pdf

Mon, 07 Mar 2005 15:14:12 EST

Opinion: 95-101 September 21, 1995 =A full-time judge may retain joint ownership in former law office real estate, with former law partner who shall be fully responsible for all associated real estate canying ~ expenses. -22 RYCRR 100.5 ( e ) QQinhl: A full-time judge inquires whether he/she may ret

95-102_.pdf

Mon, 07 Mar 2005 15:14:12 EST

Opinion: 95-102 Septrmber 21, 1995 -A Town Justice may not use his/her name to solicit contributions to the Fire m t in hislher capacity as Treasurer. Bulea: 22 WYCRR 100.5(b) (2) Opinions 88-121; 89-58; 91-23; and 92-36. A Town Justice inquires about the propriety of acting as Treasurer of the Town

95-103_.htm

Mon, 07 Mar 2005 15:14:12 EST

Opinion 95-103. September 21,1995. Digest. A judge may not permit the use of the judge’s resume and photograph in a publication issued by the New York State Democratic Committee, containing information regarding all elected Democrats.Rules. 22 NYCRR 100.7 (d) (e). A judge asks whether or not it is permissible to a

95-104_.pdf

Mon, 07 Mar 2005 15:14:13 EST

Opinion: 95-104 Ugast:A judge is requiire to recuse himself/herself in matters which a party is represennte by a lawyer who holds a mortgage on the judge's property. U : 2 2 NYCRR 100.3, (c) (1) 100.5 (c) (1) QpiRbn: A full-time judge inquires whether he/she must recuse himself/herself in every case

95-105_.pdf

Mon, 07 Mar 2005 15:14:13 EST

Opinion: 95-105 September 21, 1995 Pat:A full-time judge, involved as a college teacher of a course in criminal justice and related topics may comment within the classroom on actual cases pendiin in courts, in other jurisdictions, but not in coutts within the judge's jurisdiction. riu&s:22 ETPCRR 10

95-106_.pdf

Mon, 07 Mar 2005 15:14:13 EST

Opinion: 95-106 September 21, 1995 -A part-time judge should not serve as a 911 dispatcher in the county where the judge's court is located. -22 NYCRR 100.2 QQic&n: The inquiring part-time town justice asks whether it is permissible to accept a county civil service position as a 911 dispatcher in th

95-107_.pdf

Mon, 07 Mar 2005 15:14:13 EST

Opinion: 95-107 September 21, 1995 Piaest:A full-time judge may act as a peer review consultant to the National Institute of Justice of the U.S. Department of Justice. -22 mcRR 100.2; 100.4 QQ-LUhn: . A Supreme Court justice has been asked by the National Institute of Justice, U.S. Department Of Jus

95-109.htm

Tue, 23 Aug 2005 19:21:01 EST

Opinion: 95-109. September 21,1995. Digest. An incumbent judge seeking re-election may purchase tickets to and attend politically sponsored dinners or other affairs which take place outside the geographical boundary of the judge’s court.Rules. 22 NYCRR 100.7 (a) (1) (2) Opinion 92-97, Vol. X.. An incumbent Town Justice

95-11_.pdf

Mon, 07 Mar 2005 15:14:17 EST

Opinion: 95-11 January 19, 1995 YORK 10007 Piaest: A newly elected full-time judge should not rent the judge's former law office space to an attorney who will be appearing in the judge's court with some frequency, and in the event the judge rents such space to an attorney who appears very infrequent

95-110_.pdf

Mon, 07 Mar 2005 15:14:15 EST

Opinion: 95-110 December 14, 1995 p m : A full-time judge may not serve as Education Leader of a delegation of a legal study group visiting a foreign country under the sponsorship of a commercial entity where (1) the judge's expenses would be paid, (2) the judge's spouse's expenses would be paid dep

95-111_.pdf

Mon, 07 Mar 2005 15:14:15 EST

Opinion: 95-113 RlgesZ: A part-time town justice may serve in a dual capacity, as a legal secretary to a county court judge, in the same county, provided that appeals from decisions of the part-time town justice should, if practicable, be referred to a different County Court judge. But, the part-tim

95-112_.pdf

Mon, 07 Mar 2005 15:14:15 EST

Opinion: 95-112 September 21, 1995 p-A part-time town judge may not permit the judge's law partner, who is Town Attorney, to appear in the town court. -22 NYCRR 100.5(f) !air&n: A part-time town justice asks the following question: Is there an actual or apparent impropriety involved if the town atto

95-113.htm

Wed, 11 May 2005 17:11:33 EST

Opinion 95-113. September 25,1996. Digest. A judge may make a contribution to a Legal Aid Society.. Rules. 22 NYCRR 100.4 (A) (1). A full-time judge asks whether a contribution to a local Legal Aid Society might create an appearance of impropriety, given the possibility that attorneys from the Society mig

95-113_.pdf

Mon, 07 Mar 2005 15:14:16 EST

Opinion: 95-113 September 21, 199 - A full time judge who i s a former district attorney and whose lawyer is seeking to depose the current district attorney in connection with an action for civil rights violations brought against the judge, in his/her capacity as fosmer district attorney, by a forme

95-114_.pdf

Mon, 07 Mar 2005 15:14:16 EST

Opinion: 95-114 September 21, 1995 Diaest:There is no ethical bar which prohibits the attendance and participation by town justices at a meeting which involves their courts and the creation of a District Court. -22 WYCRR 100.4 (a) Ooinion: A town justice, who is also the president of a county Magist

95-115_.pdf

Mon, 07 Mar 2005 15:14:16 EST

Opinion: 95-115 Digest: A judge may be included as one of a group of persons whose portraits will be included in an education book regarding health. -22 NYCRR 100.2 QDiniQn: A judge inquires whether participation as one of about fifty persons in a book project which will result in the publication of

95-116_.pdf

Mon, 07 Mar 2005 15:14:16 EST

Opinion: 95-116 September 21, 1995 -A judge may inform hidher former client of whatevve facts are known to the judge and are relevant to the former client's potentiia motion to vacate a prior judgement of conviction based on the prosecuutor' alleged failure to make certain disclosure. puleq: Code of

95-119_.pdf

Mon, 07 Mar 2005 15:14:17 EST

Opinion: 95-119 m: A Special Referee in the Supreme Court performs December 14, 1995 guasi-judicial duties and therefore may not serve on a committee to re-elect a Supreme Court justice. Bules: 22 NYCRR 100.7; 101.3(b) Gpinbn: A Special Referee in the Supreme Court has been invited to serve on a com

95-12_.htm

Mon, 07 Mar 2005 15:14:19 EST

Opinion 95-12. March 9, 1995. Digest. A full-time judge who took office on January 1, 1995, may supervise the winding up of the affairs of a prior law practice by,inter. alia. sending periodic bills to former clients and maintaining an escrow account for the processing of fees earned prior to January

95-120_.pdf

Mon, 07 Mar 2005 15:14:17 EST

Opinion: 95-120 September 21, 1995 - A part-time judge may not accept employment as parttiim police chief in a different communnity w: 22 NYCRR 100.5(h) QRirAal: A part-time justice has been appointed to position of part-time police chief of a village in a different community and asks whether the ho

95-121_.pdf

Mon, 07 Mar 2005 15:14:18 EST

Ipinion: 95-121 -A judge should not give a seminar to eptember 21, 1995 police officers who act as prosecutors in certain traffic cases, on how to prosecute successfully such cases. R!Ags:22 WCRR 100.1; 100.2 (a)c) Ooinion: A city court judge inquires as to the propriety of giving a seminar to polic

95-122_.pdf

Mon, 07 Mar 2005 15:14:18 EST

Opinion: 95-122 September 21, 1995 -A judge may serve on the Advisory Board of a notfoorprofit corporation which promotes certain activities in the public schools. BuLes:22 NYCRR 100.5 (b) rglinbn: A Family Court judge in New York City has been asked to scrve on the Advisory Board of a new not-for-p

95-123_.pdf

Mon, 07 Mar 2005 15:14:18 EST

inion: 95-123 w: (1) A judge may serve on a Teptember 21 , 1995 committee of a dioces'e of the Episcopal Church which reviews diocesan canon law and drafts revisions and may also participate in a fundraising event to the extent of wrapping presents for children and escorting under privileged childre

95-126_.pdf

Mon, 07 Mar 2005 15:14:19 EST

Opinion: 95-126 w: A judge may not serve on a Board of Directors of a December 14, 1995 not-for-profit corporation which offers financial support for prosecution of family offenses. Rules: 22 NYCRR 100.5(b) (l) 100.2 - A City Court Judge inquires concedg a request that the judge serve on a Board of

95-129_.pdf

Mon, 07 Mar 2005 15:14:19 EST

Opinion: 95-129 December 14, 1995 DigesL: A magazine article describing the hazards of smoking marijuana may be given by the judge to defendants whose marijuana cases have been adjourned in contemplation of dismissal. U: 22 NYCRR 100.2(a) A part-time town justice inquires whether it is permissible t

95-13_.pdf

Mon, 07 Mar 2005 15:14:21 EST

Opinion: 95-13 January 19, 1995 Pioest: 1) A recently elected judge may accept a computer purchased by the judge I s campaign committee in partial repayment of persoona loans to the committee, where the amount of the loans far exceed the cost . of the computer. 2) A recently elected judge may accept

95-132_.pdf

Mon, 07 Mar 2005 15:14:19 EST

Opinion: 95-132 December 14, 1995 Biaest: The judges of a Family Court need not disqualify themselves sua sbon te or on motion based on an attorney's relationship to the Director of the Department of Probation. m: 22 NYCRR 100.3(c) DDinion: The clerk of a Family Court, on behalf of the judges of tha

95-133_.pdf

Mon, 07 Mar 2005 15:14:20 EST

Opinion: 95-133 December 14, 1995 QigsaL: A full-time judge may serve on the steering committee of an association of homeowners in a recreational community in another state as long as the organization is not engaged in frequent litigation. Bulea: 22 NYCRR 100.5(b) (1) Opinion 94-08 Qpinbn: A full-ti

95-134_.pdf

Mon, 07 Mar 2005 15:14:20 EST

Opinion: 95-134 December 14, 1995 Rig? A judge may serve as executor of the estate of the aunt of the judge's spouse where there existed a close familial relationshhi between the judge and the decedent Bulea: 22 NYCRR 100.5(d) QPinian: A full-time judge asks whether he/she may serve as executor of t

95-135_.pdf

Mon, 07 Mar 2005 15:14:20 EST

Opinion: 95-135 November 9, 1995 p m : A full time judge subpoeenae to testify as a character witness in a domestic relations matter in a court of another state may submit a letter or affidavit in lieu of personal appearance at the suggestion of, and with the ,consent of the attorneys therein. w: ZZ

95-136_.pdf

Mon, 07 Mar 2005 15:14:21 EST

Opinion: 95-136 piaest: Under Rule 36.1 of the December 14, 1995 city court judge may not Rules of the Chief Judge a accept appointment as a guardian, guardian ad litem, or conservator except under circumstances defined in Rule 36.l(e) Opinions 93-98; 93-85 &is: 22 NYCRR 36.1 Ooinion: A judge of a c

95-138_.pdf

Mon, 07 Mar 2005 15:14:21 EST

Opinion: 95-138 - There is no ethical bar which prohibits the December 14, 1995 spouse of a part-time judge from contributing funds to candidates for political office, from the spouse's separate funds. Bulea: 22 NYCRR 100.3(b) ( 5 ) (ii) 100.7 Opinion 90-88, Vol. VI QIinLan: A part-time judge who ha

95-14_.pdf

Mon, 07 Mar 2005 15:14:24 EST

Joint Opinion: 95-14 95-21 January 19, 1995 Diaest: A bar association directory and a listing of attorneys on a notice providdin information about lawyers' referral services may be made availabbl in the court provided that the judge does not recommmen the use of any partic.ular lawyye or law firm, a

95-141_.pdf

Mon, 07 Mar 2005 15:14:22 EST

Opinion: 95-141 December 14, 1995 Rige& A judge may allow her photograph to be used as part of a photographic exhibit of prominent local women to be displayed in local public libraries in the absence of any commercial use of the exhibit by the photograph. Bules: 22 NYCRR 100.2 (c) A judge has been a

95-142_.pdf

Mon, 07 Mar 2005 15:14:23 EST

Opinion: 95-142 December 14, 1995 w: A full-time judge may be part of an informal local group that seeks to explore ideas for the improvement of the condition of the business area of the community. Rules: 22 NYCRR 102. (c) QpiniQn: A full-time judge has been asked to organize and participate in an i

95-144_.pdf

Mon, 07 Mar 2005 15:14:23 EST

Opinion: 95-144 Ri.ge6L: A judge should not remain December 14, 1995 Advisory Board of a a member of a Community municipal Health and Hospitals Corporation, where it is likely that the organization will be engaged in matters of substantial public controversy. A r t . VI. Sec. 20, 22 NYCRR lOO.S(b) R

95-145_.pdf

Mon, 07 Mar 2005 15:14:23 EST

Opinion: 95-145 December 14, 1995 Rigeat: A Supreme Court justice may co-author a law book with an attorney and may profit from the publication. RUJ&R: 22 NYCRR 100.4 (a) ,100.6 (a) A Supreme Court justice inquires whether a judge may coautthu a law book with an attorney and whether the judge may pr

95-148_.pdf

Mon, 07 Mar 2005 15:14:24 EST

Opinion: 95-148 December 14, 1995 Qigest: A judge may recount his recollection of an event, witnessed by him, to an attorney retained by a party in order to determine whether such event may be actionable. NYCRR 100.3(C) (1) (1) Rules: 22 NYCRR 100.2(c) 22 A Town Court justice witnessed an argument b

95-15_.pdf

Mon, 07 Mar 2005 15:14:25 EST

Opinion: 95-15 January 19, 1995 Piaesf: The appearance of the lawyer-spouse of one of two multi-hat County Court judges does not require the recusal of the other judge unless that judge doubts his or her ability to be impartial and proviide that the judge discloses the lawyeer' spousal relationnshi

95-150_.pdf

Mon, 07 Mar 2005 15:14:24 EST

Opinion: 95-150 December 14, 1995 Diaefit: A full-time judge should not serve as an Advisory Committee member of an organization that appears in court on behalf of defendants but may serve as an Advisory Committee member of an organization that addresses national issues of alcohol abuse. Bulea: 22 N

95-151_.pdf

Mon, 07 Mar 2005 15:14:24 EST

Opinion: 95-151 December 14, 1995 RigesL: A judge may serve on the Board of Directors of a local Chamber of Commerce and on the Board of Governors of a high school alumni association, but may not personally engage in public fund-raising on behalf of either organization. Bules: 22 NYCRR 100.5(b) (2)

95-153_.pdf

Mon, 07 Mar 2005 15:14:25 EST

Opinion: 95-153 Qigeat: A judge may provide a recommendation on December 14, 1995 behalf of the judge's court attorney who is seeking a change in employment. u: 22 NYCRR 100.2 .e-OrJinian: A full-time judge asks whether a reference may be provided on behalf of the judge's court attorney who is conte

95-156.htm

Tue, 16 May 2006 24:51:25 EST

Opinion 95-156. January 25, 1996. Digest. A judge may preside in matters where a party is represented (a) by the judge’s former campaign manager, or (b) by a partner of the judge’s former campaign manager, subject, in the former case, to a two-year disclosure requirement. The judge need not recuse himself from cases

95-16_.pdf

Mon, 07 Mar 2005 15:14:27 EST

Opinion: 95-16 January 19, 1995 -t: A County Court judge who is a plaintiff in a small claims action in a town court is not prohibbite from hiring a private investigatto to uncover facts in support of a motion to transfer the case to a differren local court, although the wisdom or justification for

95-160_.pdf

Mon, 07 Mar 2005 15:14:25 EST

Opinion: 95-160 March 12, 1996 Biuest: (1) A part-time judge should recuse himself /herself in matters where a party is represented by the judge's employer's law firm which also represented the judge's daughter and with whom the judge has a continuing relationship as a result of hidher employment (2

95-161_.pdf

Mon, 07 Mar 2005 15:14:26 EST

Opinion: 95-161 January 25, 1996 m: A judge may accept an award from a civic organization at its annual breakfast , provided the breakfast is not a f undraiser . &g: 22 NYCRR 100.4(C)3)b) . . A full-time judge inquires as to the propriety of receiving an award at the annual breakfast sponsored by a

95-163_.pdf

Mon, 07 Mar 2005 15:14:26 EST

Opinion: 95-163 January 25, 1996 Digest: A part-time judge who is a breathalyzer expert must recuse himself/herseel in all cases being handled by any attorney who has retained the judge in a presently pending matter. If a matter in which the judge had been retained is terminated recusal is not manda

95-166_.pdf

Mon, 07 Mar 2005 15:14:26 EST

Joint Opinion: 95-166 and 97-78 September 11, 1997 Rigst: (1) A judge may appoint a relative of another judge as a law guardian provided the person appointed is selected from the current list of approved law guardians established by the appropriate Appellate Division, without regard to whether the a

95-167_.pdf

Mon, 07 Mar 2005 15:14:27 EST

Opinion: 95-167 wuest: A part-time judge (1) may January 25, 1996 Fitness Committee of the sezve on the Character and Appellate Division. (2) may serve as a Family Court law guardian if permitted under section 36.1 of the Rules of the Chief Judge. w: 22 NYCRR 36.1 swniQn: (1) continued service on th

95-17_.pdf

Mon, 07 Mar 2005 15:14:27 EST

Opinion: 95-17 January 19, 1995 Rigat: Whether a Supreme Court justice may accept an appointment to the College Council of a college of the State University of New York presents a question of state constitu tional law which the Advisory Committee declines to answer. Article 6, section 20@i) New York

95-20_.pdf

Mon, 07 Mar 2005 15:14:27 EST

Opinion: 95-20 January 19, 1995 Piaest: A Family Court judge who had previously served as an assistaan district attornne may review the file and provide information to the successor prosecutor with respect to the retrial of a case previously handled by the judge as a prosecutor. & 22 NYCRR lOO.Z(a)c

95-21_.pdf

Mon, 07 Mar 2005 15:14:28 EST

95-22_.pdf

Mon, 07 Mar 2005 15:14:28 EST

Opinion: 95-22 January 19, 1995 Piaest: The spouse of a judge may serve on the campaign committte of a candidate for the office of District Attorney B?a.k: 22 NYCRR 100.7 Obinion: A County Court judge asks whether the spouse of a County Court judge may serve on the campaign committee of a candidate

95-23_.pdf

Mon, 07 Mar 2005 15:14:28 EST

Opinion: 95-23 January 19, 1995 Diaest: A full-time judge may not serve on the advisory board of a commercial air travel magazine. !Wb: 22 NYCRR 100.5(2) -Prior to becoming a full-time judge, the inquirer had practiced in the area of travel law, about which he had written extensively. The judge has

95-24_.pdf

Mon, 07 Mar 2005 15:14:28 EST

Opinion: 95-24 March 9, 1995 w: A judge may not use a movie pass given to the judge by the lessees of a group assisted by the judge when the judge occupied a previous political position. u: 22 mcRR 100.2 Ooinioh: A judge inquires whether he or she may utilize an admission card which would allow the

95-25_.pdf

Mon, 07 Mar 2005 15:14:29 EST

Opinion: 95-25 January 19, '1995 w: A part-time judge may not be appointed to a fiduciary posittio governed by Part 36 of the Rules of the Chief Judge. & 22 WCRR 36.1 A part-time judge points out that Section 36.l(b)l) of the Rules of the Chief Judge bars relatives of judges from receiving court app

95-26_.pdf

Mon, 07 Mar 2005 15:14:29 EST

Opinion: 95-26 January 19, 1995 giaest: A judge may not participate in radio interviews as part of a charitable fundraising campaiign . BUh: 22 NYCRR 100.5(a)2) Ooinion: A judge has been asked to participate in radio interviiew in connection with an appeal and solicitation of funds on behalf of a ch

95-27_.pdf

Mon, 07 Mar 2005 15:14:29 EST

Opinion: 95-27 March 9, 1995 & A judge may appoint a former client as a referee provided the appointee is fully qualified m& 22 NYCRR 36.1; 36.2(a) 100*3(b)4) Qpiniog; A full-time judge inquires whether it would be permissible to appoint as a referee an attorney who was a client of the judge some fo

95-28_.pdf

Mon, 07 Mar 2005 15:14:30 EST

Opinion: 95-28 March 9, 1995 piaest: There is no ethical bar which prohibits a fulltiim judge from contacting the Governor directly, or in response to a request from him, relative to the fitness of a particular candidate for appointment as District Attorney. w: 22 NYCRR 100.4(b) . Advisory Committee

95-29_.pdf

Mon, 07 Mar 2005 15:14:30 EST

Opinion: 95-29 March 9, 1995 Biaest: A judge may not discuss with a law guardian the position of the law guardian in regard to the interests of the child outside of the presence of the parties, the parents or their attorneys, unless all parties consent. &a& 22 NYCRR 100.3(a)4) QEiJLhn: A Supreme Cou

95-30_.pdf

Mon, 07 Mar 2005 15:14:30 EST

Opinion: 95-30 March 9, 1995 Diaest: A part-time judge, who formerly represented a public housing authority's board of commissioners, need not recuse himself or herself in zoning violation cases, where the attorney for the accused was a commission member at the time of the representation by the judg

95-31_.pdf

Mon, 07 Mar 2005 15:14:30 EST

Opinion: 95-31 March 9, 1995 P-t: A Family Court Hearing Examiner may serve as a board member of a school that deals with troubled youths even though some may be placed in the school by Family Court judges who preside in the same court as the Hearing Examiner. However, the Hearing Examiner must recu

95-32_.pdf

Mon, 07 Mar 2005 15:14:31 EST

Opinion: 95-32 March 9, 1995 w: A Magistrates' Association of which judges and lawyers are members may host a panel discussion concerning the law and charge a participation fee to cover the costs of the luncheon and materials. u: 22 NYCRR 100.4(a) Obinion: A county magistrates' Association, of which

95-33_.pdf

Mon, 07 Mar 2005 15:14:31 EST

Opinion: 95-33 April 27, 1995 piaest: A part-time judge who also is a practicing attorney, may not write a letter of reference to the sheriff in connection with the application of a long-time client for a pistol permit. u: 22 NYCRR 100.2(C) A part-time judge, who also practices law, asks whether a l

95-34_.pdf

Mon, 07 Mar 2005 15:14:31 EST

Opinion: 95-34 March 9, 1995 piaest: A judge may join an organization devoted to improving the legal system's handling of domestic violence matters. A judge should not join an organization that rehabilitates persons with criminal histories. R?Ab: 22 NYCRR 100.4(c) 100.5(b) minion: A full-time judge

95-35_.pdf

Mon, 07 Mar 2005 15:14:32 EST

Opinion: 95-35 March 9, 1995 muest: A judge should recuse himself/herself in cases involving appearances by a law firm, where the judge's spouse,who is a lawyer, has a continuing counsel relationship with the law firm, and not merely a retainer interest in occasional, separate, discrete cases. B!a.b

95-36_.pdf

Mon, 07 Mar 2005 15:14:32 EST

Opinion: 95-36 March 9, 1995 piaest: Surplus or unexpended campaign funds may be used to purchase carpeting for the judge's chambers on condition that it will become and remain the property of the State. a: Opinions 95-56, Vol XI; 93-04, Vol X; 92-104, Vol X; 91-87, Vol VIII. Q m U Q : A newly-elect

95-37_.pdf

Mon, 07 Mar 2005 15:14:32 EST

Opinion: 95-37 March 9, 1995 - A town judge may not serve in a Stop DWI Program which receives funds from fines imposed in the judge's court. u: 22 MCRR 100.2 QPinion: A town judge has been appointed to the County Stop DWI Program, in a position which involves about 20 hours of work per week and req

95-38_.pdf

Mon, 07 Mar 2005 15:14:33 EST

Opinion: 95-38 March 9, 1995 Digest: A part-time judge may continue to preside over cases prosecuted by a part-time assistant district attorney, who is associated with a law firm that may be suing the judge (in another court) in the judge's capacity as a stakeholder in a matter involving a former cl

95-39_.pdf

Mon, 07 Mar 2005 15:14:33 EST

Opinion: 95-39 March 9, 1995 w: A recently elected full-time judge who had been appointed as conservator for an incompetent, as a matter of necessity may continue to perform services until a successor or interim conservator is appointed, but must mve promptly for the appointment of a substitute. 3ul

95-40_.pdf

Mon, 07 Mar 2005 15:14:33 EST

Opinion: 95-40 March 9, 1995 piaest: A part-time judge who performed a marriage ceremony may act as the attorney for one of the parties in a subsequent divorce action against the other, where the divorce action is based on facts occurring after and unrelated to the marriage ceremony. RI2.k: 22 NYCRR

95-41_.pdf

Mon, 07 Mar 2005 15:14:33 EST

Opinion: 95-41 March 9, 1995 piaest: There is no ethical violation where the letter-head of a charitable organization does not list the names of judges who are officers and the judge does not participate in fund-raising. w: 22 NYCRR 100.5(b)2) w: The inquiring judge is the president of a not-for-pro

95-42_.pdf

Mon, 07 Mar 2005 15:14:34 EST

Opinion: 95-42 March 9, 1995 Piaest: A full-time judge may serve on a bar association committee on the revision of the Penal Law. & 22 NYCRR 100.4(a) (c) QwLbn: A ful-time judge asks whether it is permissible to serve on a Committee on the Revision of the Penal Law, which is a subcommmitte of the Cr

95-43_.pdf

Mon, 07 Mar 2005 15:14:34 EST

Opinion: 95-43 April 27, 1995 Piaest: The principal law secretary or personal secretary to a full-time judge may serve as member of a county committee of a political party other than the executive committee of the county committee. u: 22 NYCRR 100.3(b)S)i) QELnml: A full-time judge wants to know if

95-45_.pdf

Mon, 07 Mar 2005 15:14:34 EST

Opinion: 95-45 April 27, 1995 Diaest: A City Court judge elected to another court may accept a gift of chambers equipment purchased with surplus funds resulting from a testimonial dinner sponsored by the staff of the City Court in honor of the judge and may donate it to the state or county. Doinion:

95-46_.pdf

Mon, 07 Mar 2005 15:14:34 EST

Opinion: 95-46 Piaest; A town justice should not chair and organize a Stop DWI program seminar inasmuch as fines imposed in the judge's court are a partial source of funding for such program. u: 22 NYCRR 100.1; 100.2 m: A town justice has been asked to organize, chair and prepare an annual seminar s

95-47_.pdf

Mon, 07 Mar 2005 15:14:35 EST

Opinion: 95-47 April 27, 1995 w: (1) A recently appointed full-time judge who has been a member of the board of directors of the National Multiple Sclerosis Society m y continue such membership provided that the judge does not participate in the solicitation of funds or use his or her office for tha

95-48_.pdf

Mon, 07 Mar 2005 15:14:35 EST

Opinion: 95-48 April 27, 1995 Diaess: A judge may respond to inquiries concerning cases which he or she prosecuted as district attorney, provided none of the cases are pending in any court, and comments are limited to facts of record and would not cast doubt on the judge's impartiality in similar, t

95-49_.pdf

Mon, 07 Mar 2005 15:14:35 EST

Opinion: 95-49 April 27, 1995 Diaest: A part-time judge may be considered or membership on the New York State Bar Associattio Grievance Cornittee B&LS: 22 NYCRR 100.4 A part-time judge, who practices law, is being proposed by the county bar association or membership on the New York State Bar Associa

95-50_.pdf

Mon, 07 Mar 2005 15:14:36 EST

Opinion: 95-50 April 21, 1995 piaest: A part-time City Court judge may accept appointment to the city Industrial Development Agency. &g: 22 NYCRR 100.5(h) w: A part-time City Court judge asks whether there is a prohibition against being appointed to the city Industrial Development Agency. As stated

95-51_.pdf

Mon, 07 Mar 2005 15:14:36 EST

Opinion: 95-51 April 27, 1995 w: The principal law clerk to a full-time judge may serve as a member of the board of directors of a state employee's credit union if such membership does not interfere with the clerk's regular duties. u: 22 NYCRR 100.3(b)2) A full-time judge requests an opinion relativ

95-52_.pdf

Mon, 07 Mar 2005 15:14:36 EST

ADVISORY COMMITTEE ON JUDICIAL ETHICS C/O OFFICE OF COURT ADMINISTRATION 270BROADWAY. ROOM 1401 NEW YORK. NEW YORK 10007 SAMUEL J. SILMRMAN C W LOUIS C. BENU LAWRENCE J. BRACKEN FRED W. EGGERT > GERUD~M 1. msn 8 E ~ ~ l N S f f f i E U E ~ N Opinion: 95-52 PAUL FlWNIM TWOW P. FU)SRPI HAROLD J. -SI J

95-53_.pdf

Mon, 07 Mar 2005 15:14:36 EST

Opinion: 95-53 April 27, 1995 Diaest: The writing of letters to jurors thanking them for their service does not violate ethical standards, but the judge should not praise or criticize the jurors for their verdict. m: 22 NYCRR 100.2(a) minion: A full-time judge informs the Committee that over the yea

95-54_.pdf

Mon, 07 Mar 2005 15:14:37 EST

Opinion: 95-54 June 8, 1995 USLS: A judge may permit a scholarship for law students to be established by a charitable organization, which scholarship would bear the judge’s name, where the charitable organization does not solicit funds on behalf of individually named scholarships but on behalf of it

95-55_.pdf

Mon, 07 Mar 2005 15:14:37 EST

Opinion: 95-55 June 8, 1995 Diaest: A full-time judge may not accept private employment at a gas station, or work for a landscaper, security company, beach club, carpentry shop or taxi company organized for profit; nor may a full-time judge conduct a business for profit as an independent contractor,

95-56_.pdf

Mon, 07 Mar 2005 15:14:37 EST

June 5, 1995 Re: Inquiry 95-56 In response to your inquiry of March 13,1995, please be advised that the Committee considered this matter on April 27,1995, and is of the view that, if, as stated, the attorney and his partner never appear before you, there is no objection to your renting your former l

95-57_.pdf

Mon, 07 Mar 2005 15:14:38 EST

Opinion: 95-57 April 27, 1995 m: A full-time judge may not belong to an investment club that is organized as a partnership for profit. u: 22 NYCRR 100.5(2) QQiniQn: A full-time judge asks whether he or she can belong to an investment club whose members pool $50.00 per month to make investments, and

95-58_.pdf

Mon, 07 Mar 2005 15:14:38 EST

Opinion: 95-58 April 27, 1995 w: A full-time judge need not disqualify himself/herself in a proceeding now pending before the judge where a law student who interned for the judge but who had no involvement in the case is now working for a law firm involved in that proceeding. & 22 NYCRR 100.3(c) Opi

95-59_.pdf

Mon, 07 Mar 2005 15:14:38 EST

Opinion: 95-59 April 27, 1995 w: A candidate for judicial office is not obligated to resign as a member of the town committee of a political party. u: Code of Judicial Conduct, Canon 7. fz&aiQn: An announced candidate for the office of town justice is presently a member of the town committee of a po

95-60_.pdf

Mon, 07 Mar 2005 15:14:39 EST

Opinion: 95-60 April 27, 1995 I)iaest: A judge need not disclose the fact that the judge's first cousin is a partner in the law firm appearing before the judge in matrimonial cases where the cousin is not the lawyer appearing in the proceeding, specializes in a non-matrimonial area of practice, and

95-61_.pdf

Mon, 07 Mar 2005 15:14:39 EST

Opinion: 95-61 April 27, 1995 - Acquiescence by a town justice in a procedure adopted by the Driving While Intoxicated coordinator of the county in which the court over which the justice presides is located, for distribution of funds to courts to assist in the enforcement of DWI statutes, does not v

95-62_.pdf

Mon, 07 Mar 2005 15:14:39 EST

Opinion: 95-62 April 27, 1995 w: The campaign committee of a town justice may seek financial support for the justice's campaign for re-election. &u& Code of Judicial Conduct canon 7(B)Z) 22 ~ C R R 100.7(2)b) QRixUn: A town justice is seeking re-election and asks "whether my -m i t t e g is permitte

95-63_.pdf

Mon, 07 Mar 2005 15:14:39 EST

June 5, 1995 Re: Inquiry9563 This is in response to your letter of March 28, 1995, concerning the possible appointment by the Mayor of an attorney to the office of Acting Village Justice where the attorney is a law partner of another attorney who practices before the court as a parttiim prosecutor.

95-64_.pdf

Mon, 07 Mar 2005 15:14:40 EST

June5,1995 Re: Inquiry 95-64 In response to your letter of March 28, 1995, concerning possible litations on activities of Judicial Hearing Officers, the Committee has adopted , and reaffirmed at its meeting of April 27, 1995, the position that, in general, a Judicial Hearing Officer is subject to th

95-65_.pdf

Mon, 07 Mar 2005 15:14:40 EST

Opinion: 95-65 April 27, 1995 piaest: compensation for legal services received by a full-time judge for services rendered prior to becoming a judge is not covered by Section 100.6( Of the Rules of the Chief Administrator. & 22 NYCRR 100.6(C) ODinion: A recently-elected Supreme Court justice states a

95-66_.pdf

Mon, 07 Mar 2005 15:14:40 EST

June 5,1995 Re: Inquiry 95-66 This in response to your letter of April 3,1995, in which you request that the Committee reconsider the propriety of certain political activities of Judicial Hearing Officers. The Committee has adopted the view, reaffirmed at its meeting of April 27, 1995, that, in gene

95-67_.pdf

Mon, 07 Mar 2005 15:14:40 EST

Opinion: 95-67 April 27, 1995 &icresf: A fudge may preside over a murder case even.though the judge's law clerk had previously represented the defendant as a law guardian and is presently a partner of the defendant's attorney, but the law clerk may not have any involvement in the matter. u: 22 NYCRR

95-68_.pdf

Mon, 07 Mar 2005 15:14:41 EST

Opinion: 95-68 April 27, 1995 Piaest; A town justice may not accept a position as an employee in the county Probation Department. & 22 NYCRR 100.1, 100.2(b)100.5(h) A town justice asks whether there would be a conflict of interest if the justice accepted a position in the county Probation Department

95-69_.pdf

Mon, 07 Mar 2005 15:14:41 EST

Opinion: 95-69 April 27, 1995 = A judge may not serve on legal and admissions subcommittees of a residential cooperative. Buk: 22 mcRR 100.2(a) lOO.Z(c) 100.5(b) a2uLiaL: A part-time village justice asks whether he or she may The admissions committee reviews all continue to serve on the admissions a

95-71_.pdf

Mon, 07 Mar 2005 15:14:41 EST

Opinion: 95-71 April 27, 1995 Piaest: A full-time judge may serve as co-chair of a committee of a synagogue to determine the feasibility of the synagogue's acquisition of a building where the judge is not engaged in fundraising and position is used in any fundraiisin effort. neither the judge's name

95-72_.pdf

Mon, 07 Mar 2005 15:14:41 EST

Opinion: 95-72 April 27, 1995 - A part-time judge may accept appointment as a hearing officer in a student disciplinary matter conducted under the State Education Law. u 22 NYCRR 100.5(h) Qafnion: A part-time City Court judge who is also the attorney for the school district, asks the folloying quest

95-73_.pdf

Mon, 07 Mar 2005 15:14:42 EST

Opinion: 95-73 April 27, 1995 m: A candidate for judicial office must resign the political office of chairman of the committee of a town political party but is not obligated, as a candidate, to resign as a member of the state committee of the party. u: Code of Judicial Conduct, Canon 7(l)a) . A cand

95-74_.pdf

Mon, 07 Mar 2005 15:14:42 EST

June 5, 1995 Re: Opiion 95-74 In response to your letter of April 20, 1995, it is the position of the Committee, determined at its meeting of April 27,1995, that if you are engaged in a contiming activity of buying and s e w carpets, although personally you may regard the activity as a hobby, that a

95-75_.pdf

Mon, 07 Mar 2005 15:14:42 EST

Opinion: 95-75 April 27, 1995 Diaest: A judge should not write a letter of character reference on behalf of a disbarred attorney who is seeking readmission to the bar. & 22 NYCRR 100.2. Ooinion: A disbarred attorney is applying to the Appellate Division for reinstatement to the bar. -The inquiring j

95-76_.pdf

Mon, 07 Mar 2005 15:14:43 EST

opinion: 95-76 April 27, 1995 = A court may not participate in a charitable fundraising event in which staff members of the court are permitted to dress casually in return for a monetary contribution to the charity. -22 NYCRR 100.5(b) Qmun: A Family Court has been asked by United Cerebral Palsy to p

95-77_.pdf

Mon, 07 Mar 2005 15:14:43 EST

Opinion: 95-77 June 8, 1995 - A village justice should not consent to the part-time court clerk working as a receptionist in a law firm which occasionally represents clients in the village court. u: 22 NpCRR 100.2(a)c) T)PinFon: A village justice inquires as to whether a part-time village court cler

95-78_.pdf

Mon, 07 Mar 2005 15:14:43 EST

Opinion: 95-78 June 8 , 1995 DicreJt: A full-time judge serving as a fiduciary of a nonfammil member trust, pursuant to permission granted by the Chief Administrator of the Courts, may receive compensation or such extra-judicial activities. U: 22 NYCRR 100.5(d) 100.6. Ooinion: A full-time judge who

95-79_.pdf

Mon, 07 Mar 2005 15:14:43 EST

95-79 June29,1995 The Committee, at its meeting of June 8, 1995, considered your request for an opinion concerning the seeking of compensation by you from the Town for certain services rendered by you in connection with the use of a new computer provided by the Town for use in your court. ethical ob

95-80_.pdf

Mon, 07 Mar 2005 15:14:44 EST

Opinion: 95-80 June 8, 1995 m: A town justice employed part time as an investigator by an attorney who is "of counsel" for a twoattoorne firm, one of whose attorneys is the part-time assistant district attorney assigned to the judge's court, should recuse himself/herself in all cases in which that a

95-81_.pdf

Mon, 07 Mar 2005 15:14:44 EST

Opinion: 95-81 June 8, 1995 w: A newly appointed parttiim town justice may serve as a public defender in a county other than the county where the judge presides, but is prohibited from presiding over any matters handled by other attorneys from the public defender's office in which the justice serves

95-83_.pdf

Mon, 07 Mar 2005 15:14:44 EST

Opinion: 95-83 June 8, 1995 w: A candidate for a fulltiim judicial office may not simultaneously serve as a delegate to his/her party's judicial convention. U: Code of Judicial Conduct, Canon 7A(l)a) 22 NYCRR 100.7 !aLfaUm: the appropriateness of simultaneously serving as a delegate to his/her party

95-84_.pdf

Mon, 07 Mar 2005 15:14:45 EST

9s-a4 June29, 1995 At its meeting of June 8, 1995, the Committee considered your inquiry concerning the giving to you by a court officer of a small original watercolor painting as a gift for your returning to the officer his lost billfold containing $150. The Committee sees no specific ethical prohi

95-85_.pdf

Mon, 07 Mar 2005 15:14:45 EST

95-85 June 29,1995 This is in response to your letter of May 23, 1995 (inquiry 95-85) inquiring as to the appropriateness of your attendii "working sessions" of the Village Board which would include the Chief of Police, Village Attorney and town prosecutor, for the purpose of discussing local laws.

95-86_a_.pdf

Mon, 07 Mar 2005 15:14:45 EST

Opinion: 95-86 [A] June 8 , 1995 RigesL: (1) A judge of a county court, who had, until recently, served as the District Attorney, may preside at criminal trials where the assistant district attorney appearing as prosecutor had originally been appointed by the judge, acting in the former capacity, pr

95-87_.pdf

Mon, 07 Mar 2005 15:14:45 EST

95-87 June 29,1995 This is in response to your letter of May 26,1995 (mquiry 95-87) concerning the propriety of the clerk of the court running for the position of town councilman. The Committee is of the view that based on the facts provided, there is no question of judicial ethics at issue. Rule 10

95-88_.pdf

Mon, 07 Mar 2005 15:14:46 EST

95-88 June 8, 1995 w: An administrative judge may accept passively funds, goods or services donated by not-for-profit corporations for the improvement. of the physicca condition of a large multi-fudge =ban courthouuse and for the provissio of equipment to facilitate the operation of the court, even

95-90_.pdf

Mon, 07 Mar 2005 15:14:46 EST

95-90 June 29,1995 The questions raised in your letter of June 5,1995 (inquiry 95-90) and considered by the Advisory Committee on Judicial Ethics at its meeting of June 8, 1995, concerning your daughter's summer employment with a law h, appear to have been addressed and answered by the Committee in

95-94_.pdf

Mon, 07 Mar 2005 15:14:46 EST

Opinion: 95-94 w: (1) A Court of Claims judge is bound by December 14, 1995 Article 6, Section 20 of the New York Constitution to the extent that it may apply to a publicly appointed position on a Women's Advisory Board. (2) A judge may host a television talk show on a local noncommeercia public acc

95-96_.pdf

Mon, 07 Mar 2005 15:14:47 EST

Opinion: 95-96 September 21, 1995 -A full-time judge need not recuse himself/herself all cases where a party is represennte by an attorney who has previously represennte the judge's law clerk. u: 22 NYCRR 100.3 (e) (d) Ql2ulhA: A full-time judge inquires whether the judge must necessarily recuse him

95-97_.pdf

Mon, 07 Mar 2005 15:14:47 EST

Opinion: 95-97 September 21, 1995 w: A Family Court Hearing Examiner may be a candidaat for and, if elected, may hold the parttiim position of Town or Village Justice. A Family Court Hearing Examiner may teach a lawrellate college course at a local university. & 22 mcRR 100.5 (h) 100.4(a) 25.37 Ooin

95-98_.pdf

Mon, 07 Mar 2005 15:14:47 EST

Opinion: 95-98 September 21, 1995 -The joinder of an Appellate Division justice and a Family Court judge as co-plaintiffs in an action challenging disparity in judicial pay does not require the Appellate Division justice to disqualify him/herself from hearing appeals originating in the Family Court.

95-99_.pdf

Mon, 07 Mar 2005 15:14:47 EST

Opinion: 95-99 September 21, 199 w: > a member/guest golf outing A full time judge may attend and participate in as guest of an attorney who practices before the judge provided the attorney is not actually on trial before the judge at the time of the outing and provided there is no appearance of imp

Joint Opinion 96-02 and 96-12

Mon, 07 Mar 2005 15:14:48 EST

Joint Opinion: 96-02 and 96-12. March 12, 1996. Digest: A part-time judge may not serve as a guardian or court evaluator in proceedings under Article 81 of the Mental Hygiene Law, for compensation.Rule: 22 NYCRR 36.1(b)1) and (e)2). Opinion:. Two part-time judges have inquired as to whether the provisions of Part 36

Opinion 96-03

Mon, 07 Mar 2005 15:14:48 EST

Opinion: 96-03. March 12, 1996. Digest: A part-time judge may be retained as independent counsel by the municipality in particular matters but may not preside in any cases involving the municipality.Rules: 22 NYCRR 100.6(B)4). A part-time City Court judge, who is an attorney, asks the following questi

Opinion 96-04

Mon, 07 Mar 2005 15:14:48 EST

Opinion: 96-04. March 12, 1996. Digest: A judge is obligated to require law school and college student interns to comply with sections 100.3(C)2) and 100.5(C) of the Rules Governing Judicial conduct inasmuch as such persons are members of the judge's staff.Rule: 22 NYCRR 100.3(C)2) 100.5(C). A full time judge who has

Opinion 96-07

Mon, 07 Mar 2005 15:14:49 EST

Opinion: 96-07. April 25, 1996. Digest: A part-time judge seeking re-election may include in his/her campaign literature a family picture which includes the candidate's spouse who is a full-time judge, provided that the spouse is not identified or referred to by name or office.Rule: 22 NYCRR 100.5 Opinion 89-48.

Opinion 96-08

Mon, 07 Mar 2005 15:14:49 EST

Opinion: 96-08. March 12, 1996. Digest: A full time judge may be president of a large apartment co-operative, without compensation, provided judicial duties are not impaired thereby.Rules: 22 NYCRR 100.3; 100.4(g)a)b)c) Opinion 94-08.. A full time judge inquires if he/she may be president of a large apartment

Opinion 96-09

Mon, 07 Mar 2005 15:14:49 EST

Opinion: 96-09. April 25, 1996. Digest: A part-time town judge may serve as a member of a Board of Cooperative Educational Services.. Rules: 22 NYCRR 100.4(C)3) 100.6(B)4) Opinions 94-74; 93-120; 90-63; 88-142.. A part-time town judge inquires whether he/she may serve as a member of a Board of Cooperative Educa

Opinion 96-10

Mon, 07 Mar 2005 15:14:52 EST

Opinion: 96-10. March 12, 1996. Digest: A part-time town justice may not serve on a labor union's political action committee (PAC). Rules: 22 NYCRR 100.5(A)1)C) (D)E). A part-time town justice inquires whether it is permissible to be an active member of a labor union's political action committee (PAC) The judge state

96-100_.pdf

Mon, 07 Mar 2005 15:14:49 EST

Opinion: 96-100 3eptember 5, 1996 Qig.est: A town justice should not hold arraignments in his/her home or business off ice. 214.2 (a) Bvles: 22 NYW; 100.3 (A) A town justice inquires if it is permissible to arraign a defendant, at the request of the prosecution, at the judge's home or business offic

96-101_.pdf

Mon, 07 Mar 2005 15:14:50 EST

Opinion: 96-101 - A part-time judge may work as a part-time, unpaid law September 5, 1996 clerk for a County Court judge as part of hidher law school program. . Babfg: 22 NYCRR 100+6(B)4) Opinions 92-115, 88-69, 88-67 , Ooinion: A town judge inquires whether part-tippe work as an The position i s pa

96-102_.pdf

Mon, 07 Mar 2005 15:14:50 EST

96-102 November 15, 1996 This is iz response to your iaquiry (96-102) cmcerning the circuawtanccs under wbic2a aa attorney who had represented you in a civil matter may appear before .you representing a party in a matter fn yaur court. &lClOScd i S OPhiOn 92-54 hl W h i c h this Committee f w d that

96-103_.pdf

Mon, 07 Mar 2005 15:14:50 EST

Opinion %I03 October 11,1996 w AHousingCourtjudgewhoisa candidate for ZulOtherjlldiciaI office mustdisqoalifLhimseWhexselfdming t h e . p e n d e n c y o f & e ~ &om presiding over cases m which one of the ammeys is a candidate far city cormcilseekingtodefkatanotller candidatewhoappearsonthesame nom

96-104_.pdf

Mon, 07 Mar 2005 15:14:50 EST

96-104 February20, 1997 This is in response to your inquiry (96-104) concerning the estrangement between yourself and your brother who is a supervisor in the county Probation Department. You indicate that there is pending litigation between you and your brother concerning your mother’s estate; that

96-105_.htm

Mon, 07 Mar 2005 15:14:51 EST

Opinion 96-105. October 11, 1996. Digest:. A judge should not participate in a program to collect DWI fines.. Rules:. 22 NYCRR 100.2(A) Opinions 93-95 (Vol. XI) 91-124 (Vol. VIII). Opinion:. A judge inquires whether the judge may participate in a STOP-DWI program which seeks to coordinate a county-wide effort to co

96-106_.pdf

Mon, 07 Mar 2005 15:14:51 EST

Opinion: 96-106 September 5, 1996 piuest: It is ethically permissibbl for judges to participaat in a judicial educatiio program dealing with land use issues which is -sponsored and conducted by the National Judicial College even if the funding for such program is a grant from a national home builder

96-108_.pdf

Mon, 07 Mar 2005 15:14:52 EST

96-108 April9, 1997 This is in response to your inquiry (96-108) in which you seek the opinion of the Committee as to “whether a part-time ViIlage or Town Justice may accept an appointment as a guardian ad litem or other fiduciary by a Judge or Surrogate of a higher court. your inquiry in Opinions 9

96-109_.pdf

Mon, 07 Mar 2005 15:14:52 EST

96-109 January 30,1997 The Advisory Committee on Judicial Ethics has considered your iosUiry as o whether by reason of your other employment, the federal Hatch Act prohibits you from seeking re-election to your judicial post. The Committee issues advisory opinions in response to inquiries concerning

Opinion 96-11

Mon, 07 Mar 2005 15:14:55 EST

Opinion: 96-11. March 12, 1996. Digest: 1. A full-time judge may continue ownership with his wife in a small rental property inherited from family. 2. A full-time judge may not serve as a paid member of a Board of Trustees of a savings bank.Rules: 22 NYCRR 100.4(D) Opinions 92-12; 90-101; 89-108..

96-110.htm

Fri, 26 May 2006 20:25:56 EST

Opinion 96-110. October 11, 1996. Digest. The fact that in 1989 the town justice’s former law firm had represented the then-landlord in a non-litigated landlord-tenant dispute does not require recusal in an unrelated landlord-tenant proceeding involving the current landlord and the same tenant.Rules.

96-111_.htm

Fri, 25 Mar 2005 21:33:29 EST

Opinion 96-111. October 11,1996. Digest. A copy of a weekly court calendar containing the names, addresses, dates of birth and sentences imposed should not be provided by the court to a local newspaper.Rules. 22 NYCRR 100.1, 100.3. The inquiring judge informs the Committee that a local newspaper published

96-112_.pdf

Mon, 07 Mar 2005 15:14:53 EST

Opinion 96-1 12 October 11, 1996 Rigcst: A sign endorsing a political candidate shouldnot beerectedonpropertyjoiatly owned by ajudge and hiskr spouse. Rub: 22 NYCRR 100.2(C) lOO.S(A)l)d) and (e) Opinion 90-77. . Qpiukm: Ajudge asks if it is proper for a sign endorsing a legislative candidate to be p

96-113_.pdf

Mon, 07 Mar 2005 15:14:53 EST

96-1 13 February 3,1997 Tbk is in response to your inquiry (96-113) in which you ask whether you are required to recuse yourself in two matters in which the couzlty deparanent which employs your wife is a parry. You had originally advised the attorneys of your wife’s employment and there was consent

96-114_.pdf

Mon, 07 Mar 2005 15:14:54 EST

Opinion: 96-114 December 12, 19% Jligst: Disqualificaton is not mandated where (1) one of the parties to the litigation hasmadeacornplaintagainstthe judge to the State Commission on Judicial Conduct (2) the judge’s law firm had previously represented, in an unrelated matter, a deceased individual in

96-115_.pdf

Mon, 07 Mar 2005 15:14:54 EST

Opinion 96-115 October 11,1996 T>igest: Itisimproperforajudgetoperaait the use of hishex home as the site ofanenrmal fimd-raising -fora neighborhood youth organization. 100.4(C#3Xb)i) Rules: 22 NYCRR 100.4(C)3) ooinian: Ajudge asks ifhdshe may donate the use ofhismerhome as the side ofan aunual fund

96-116_.pdf

Mon, 07 Mar 2005 15:14:54 EST

Opion 96-116 October 11, 1996 Rigest: A part-time judge may simultaneously hold the position of full-time Hearing Examher in Family Court upon receiviug the wrinen permission of the Chief Admrmspator of the Courts. I& 22 N'Ym 100.3@ 100.6 . W(4) 25.3703) QpiniQn: A part-time town and village justice

96-117_.pdf

Mon, 07 Mar 2005 15:14:55 EST

Opinion: 96-117 December 12, 1996 Qigest: A judge may not, at the request of ajudge seeking reqpimment, submit a letter in support of reappoiutmment to the Mayor’s Committee on the Judiciary, but may respond to any inquiry that might be made by the Committee regarding reappoinanent. Bules: 22 NYCRR

96-118_.pdf

Mon, 07 Mar 2005 15:14:55 EST

Opinion 96-118 October 11, 1996 Qigest: Judges may participate in a mmtywiid raffle (assaming its lawfulness) which requires enrolling in a payroll deductionpmgram and is part of a charitable orgarhtion’s fundraisingiinitiathe Aparticipating judgemay not allow hismer name to be used in endorsement o

Joint Opinion 96-02 and 96-12

Mon, 07 Mar 2005 15:15:00 EST

96-120_.pdf

Mon, 07 Mar 2005 15:14:56 EST

Opinion: 96-120 December 12, 1996 w: A county court judge may assign a part-time town justice, who is permitted to practice law, to practice in the County Court which is located in the same county as the town court. Bules: 22 NYCRR 100.4 (G) ; 100.6(B) (2) , Opinion 88-135 A County Court judge asks

96-121_.pdf

Mon, 07 Mar 2005 15:14:56 EST

Opinion 96-121 December 12,19% Digest A judge may serve as a director of a not-for-profit organization which provides toys and clothing to needy children at Christmas time and may assist m the planning and production of the orgaaization's fund-raismg television broadcast, but may not personally soli

96-122_.pdf

Mon, 07 Mar 2005 15:14:57 EST

O p i n i O ~ 96-122 December 12, 1996 Dig.est: A judge may be one of 18 honorees at a national religious organization's dinner, where no fund-raising will take place, and where the differential between the price of the dinner and its cost will be minimal. Rules: 22 NYCRR 100.4(C)b)ii) Opinions 94-1

96-123_.htm

Mon, 07 Mar 2005 15:14:57 EST

Opinion 96-123. January 23, 1997. Digest:. A part-time judge may work as a hair stylist at the county jail provided that no inmate sentenced by the judge uses the judge as a hair stylist.Rule:. 22 NYCRR 100.6(B)4). Opinion:. A part-time village justice inquires whether serving as a hairstylist at th

96-123_.pdf

Mon, 07 Mar 2005 15:14:57 EST

opintan. 96.123 JamUory23,lrn ~ A ~ j u d g t m a y w o r k m a hpirsqlistattheumnly~ ~ t h a t n o ~ s e s p e n c c d bythejudgeusesthejudgema hpinrJrlist. - 22 NYCRR 100.6@4) . . Qhiax: thecasrntyjgirispermissibbe. Haifttylingis~ootherrligiMeinrmresbi-weddy a n d ~ p a y f o r t h c s e r v i c e

96-124_.pdf

Mon, 07 Mar 2005 15:14:58 EST

Opion: 96-124 December 12,1996 Dipest: An incumbentjudge who was an unsuccessful candidate in a primary election for another judicial office may attend a dinner sponsored by a political club held within six months following the primary election. 22 NYCRR 100.5 (A)2) 100.0 (Q) Bules: QphiQn: A judge

96-125_.htm

Mon, 07 Mar 2005 15:14:58 EST

Opinion 96-125. December 12, 1996. Digest. 1) A judge need not disqualify himself/herself in cases in which the judge’s law clerk previously was involved while in private practice. However, the law clerk cannot participate in those cases, and it is recommended that the judge disclose the law clerk’s prior involvement

96-126_.pdf

Mon, 07 Mar 2005 15:14:58 EST

Joint Opinion 96-126 96-130 December 12, 19% Q&a: Judges may not participate in a fund-raising spelling bee sponsoredbyalocalnewspaper in order to raise funds for the local community college. Ues: 22 NYCRR lCQ.4(C)3)b)ii(iv) Marteraf-Hi- (N.Y. Corn. Jud. Cond. November 1988) - (N.Y. Corn. Jud. Cond,

96-127_.pdf

Mon, 07 Mar 2005 15:14:59 EST

Opinion: 96-127 December 12, 1996 Rigest: A judge may not sign a petition for the granting of executive clemency in favor of a prisoner convicted of espionage against the United States. lsules: 22 NYCRR 100.2(C) Opinions 93-127,91-46,90-156, 89-73, 8944 _ODinion: Speaking for a group of judges, the

96-128_.pdf

Mon, 07 Mar 2005 15:14:59 EST

Opinion 96-128 December 12, 19% Dipest: A judge (1) may not hold a conference with members of the local county criminal defense bar to discuss the judge’s philosophy cow-various criminal law issues; (2) may provide affidavits of fact to be used in pending court proceedings inmatters the judge baudle

96-129_.pdf

Mon, 07 Mar 2005 15:15:00 EST

Opinion: 96-129 December 12,1996 Ugest: Ajudicial association may endorse another group whose goal is to better the quality of life of children, provided that there is no likelihood of an involvement in adversarial proceedings and there is no fundraiisin aspect to such endorsement. Buler: 22 NYCRR 1

Opinion 96-13

Mon, 07 Mar 2005 15:15:03 EST

Opinion: 96-13. March 12, 1996. Digest: A Surrogate may appoint his/her law secretary's spouse as a guardian adlitem.. Rules: 22 NYCRR 36.1(B)1) 36.1(E) 100.3(C)3). A Surrogate inquires whether he/she may appoint as a guardian adlitem a lawyer who is the spouse of the Surrogate's law secretary. According to sectio

96-130_.pdf

Mon, 07 Mar 2005 15:15:00 EST

96-131_.pdf

Mon, 07 Mar 2005 15:15:01 EST

Opicm%131 Diest: Apart-timejudgemaynotremain December 12,1996 a member of alaw firm as a partner or associate ifanother member of the h n represents the local sherigs deparhueat mion whose members are directly involved in most of the vehicle and traflic and crimhl matters heard in the judge's court.

96-132_.pdf

Mon, 07 Mar 2005 15:15:01 EST

Opinion: 96-132 'January 23, 1997 Rigst: Courts should Mt furnish printed forms to defendants in Vehicle and Traffic Law cases, in which a defendant agrees to plead guilty to a reduced charge. Bules: 22 NYCRR 100.2 (A) , QpiIlm: A town justice inquires whether it would be appropriate to mail to defe

96-133_.pdf

Mon, 07 Mar 2005 15:15:02 EST

Opinion: 96-133 March 13, 1997 Digest: The local Chief of Police should not be employed as court Attendant in the Town Court. We: 22 NYCRR 100.1, 100.3, 100.3(C)2) Opinion 9664 Qpiukul: The three judges of a Town Court inform the Committee that the Chief of Police of a local police department is als

96-134_.pdf

Mon, 07 Mar 2005 15:15:02 EST

Opiion: 96-134 December 12,1996 Digest: A full-time judge should not be an actor in a commercial motion picture. W: 22 NYCRR 100.4@3) opinions 95-55, Vol. m, 94-57, VOl. XII, 94-19, Vol. XII QpiniQn: A fuil-time judge has been asked to play the role of a judge in a commercial motion picture for whic

96-135_.htm

Mon, 07 Mar 2005 15:15:02 EST

Opinion 96-135. January 23, 1997. Digest. A Supreme Court justice may not allow the judge’s law clerk to serve as an arbitrator under a local trial lawyers association’s arbitration program.Rules. 22 NYCRR 100.2(A) 100.3(C)2) Opinion 89-33 (Vol. III). A Supreme Court justice asks if the judge’s confid

96-137_.pdf

Mon, 07 Mar 2005 15:15:03 EST

Opinion 96-137 December 12, 1996 Egest: A full-time judge may serve on certain governmental committees concerned with the improvement of the law, the legal system or the administration of justice. Bules: 22 WCRR 100.4(c)2)a) 100.4(C)3) Qpinh: A newly-elected full-time judge asks if he/she may contin

96-139_.pdf

Mon, 07 Mar 2005 15:15:03 EST

Opinion 96-139 December 12,1996 Digest (1) A par-time judge may preside over cases that were pending in the District Attorney’s office during the judge’s prior service as an Assistaut District Attorney ifthe judge had no direct involvement m the prosecution of those cases. (2) A part-time City Court

96-140_.htm

Mon, 07 Mar 2005 15:15:04 EST

Opinion: 96-140. December 12, 1996. Digest. A judge may preside at a public school sponsored mock trial designed to familiarize school children with the functions of the courts.Rules. 22 NYCRR 100.3 (B)8) 100.4(A) and (B). Opinion 89-66. A town justice has been asked to serve as the judge in mock trials to be he

96-141_.pdf

Mon, 07 Mar 2005 15:15:04 EST

Opinion: 96-141 December 12, 1996 Dipest: (I) A newlyelected judge, who bad beenServingasanAdminisuative Law judge for a governmental agency, may not, upon assuming judicial ofice, perom any further services in connection with any pending, uncompleted matters that Were being handled as an Admmmmhe L

96-142_.pdf

Mon, 07 Mar 2005 15:15:05 EST

Opinion: 96-142 December 12,1996 m: A judge may not send a letter to the editor of a newspaper responding to published articles criticizing the judge for choosing not to disqualify himselfherself in a pending criminal proceeding. hk 22 NYCRR 100.3@8) QpiniQn: A judge was criticized in newspaper arti

Joint Opinion: 96-143, 97-43, 97-58, 97-66, 97-96

Mon, 07 Mar 2005 15:15:05 EST

Joint Opinion: 96-143 97-43 97-58 97-66 97-96. Digest: (1) Judges may enter into contracts with a commercial legal publishing company to write on legal matters but may not serve on the editorial board or as a consultant, advisor or editor if such service involves consultation and advice concernin

96-144_.pdf

Mon, 07 Mar 2005 15:15:05 EST

Opinion 96-144 December 12,1996 Rigcst: A townjudge, who is permitted to practice law, may not represent a litigant in a Family Court proceeding involving an order of protection issued by the same town judge. m: 22 NYCRR 100.6@2) Qbinion: A town judge, who is permited to practice law, presided over

96-145_.pdf

Mon, 07 Mar 2005 15:15:06 EST

Opinion: 96-145 December 12, 1996 Dipest: Ajudge should not send a letter toanewspaperrespondingtoan editorial critical of actions of the judge (and other governmental officials) when serving as a county legislator, especially if the subject involves a pending or impend& case. Rules 22 NYCRR 100.3@8

96-146_.htm

Mon, 07 Mar 2005 15:15:06 EST

Opinion 96-146. March 19, 1997. In response to your letter of December 23, 1996, the Advisory Committee has considered your inquiry as to (1) whether a full-time judge may serve as a delegate to a State constitutional convention, and (2) assuming that a full time judge may serve as a delegate, the permissi

96-147_.pdf

Mon, 07 Mar 2005 15:15:06 EST

Opinion: %147 January23, 1997 Q&w: Ajudgemayparticipateasa bicyclist in an "AIDS ride" and may offer assistance as a "crew person" but may not solicit contributions on behalf of the organization or permit contributions to be made in the judge's name. I Opinion90-166 (Vol. VI) R I l k 22 NYCRR 100.4(

96-148_.htm

Mon, 07 Mar 2005 15:15:06 EST

Opinion 96-148. January 23, 1997. Digest. A judge may serve as a Deputy Grand Marshal at a St. Patrick’s Day Parade, and provided the judge’s name is not used in connection with any fund-raising activities, may also attend the fund-raising dinner held in conjunction with the parade.Rules.

96-149_.pdf

Mon, 07 Mar 2005 15:15:07 EST

96449 m@l21,1997 This is inrcspoIgcm yaprreqpest (96-149) for an o p i n i o n f r o m t h e ~ -cjmcermiag seuion 822.1 of the Rules . O f t f r e A p p e I E a t e D i v i s i a a , T b i r d ~ ~ r d e a t s ~ * e h e assignmemdcounsei. Tbatpravisionsmtes,inpaa,that+jpdk+ ofavillagccmutmaymtbe&gned

96-150_.pdf

Mon, 07 Mar 2005 15:15:07 EST

Opinion: 96-150 March 13, 1997 Digest: A judge may not assume the role of notifying all police officers, in their capacity as potential prosecution witnesses, of the dates of trials in which they may be called to testify. Rules: -22 NYCRR 100.1 and 100.2. UJCA 20 19-a opinion: officer (via computer

96-152_.pdf

Mon, 07 Mar 2005 15:15:07 EST

96-152 March7,lW In response to your letter of December 24,1996, the Advisory Committee has considered your inquiry (96-152) as to whether you may continue to serve as co-executor of the estates of your deceased aunt and uncle. As you acknowledge in your letter, section 100.4@ (1) of the Rules Gover

96-18_.pdf

Mon, 07 Mar 2005 15:15:08 EST

96-18 August 26, 1996 This is in response to your inquiry concerning the receipt of an anonymous gift of a bracelet at your swearing-in ceremony. You indicate that, despite your efforts, you have been unable to identify the donor of the bracelet, which a jeweler has informally estimated to be worth

Opinion 96-19

Mon, 07 Mar 2005 15:15:08 EST

Opinion: 96-19. March 12, 1996. Digest: A judge may solicit judicial colleagues to become members of a fraternal organization composed of persons in government of a particular ethnic group but may not solicit membership by others.Rules: 22 NYCRR 100.4(C)3). The inquirer, a full-time judge is "involved in th

Opinion 96-20

Mon, 07 Mar 2005 15:15:08 EST

Opinion: 96-20. March 12, 1996. Digest: A judge's name may be listed on a non-profit organization's letterhead as an officer, director or trustee and use of the letterhead for fund raising or membership solicitation is permissible.Rules: 22 NYCRR 100.4(C)3)b)iv). A town justice who is a Board Member of a non-prof

Opinion 96-21

Mon, 07 Mar 2005 15:15:08 EST

Opinion: 96-21. March 12, 1996. Digest: Under the particular circumstances shown, a recusal is not mandated where (1) the judge's law clerk is a member of the Board of Education, and a high school scholarship fund is a beneficiary under a will in dispute (2) the attorney for one of the parties is the presi

Opinion 96-29

Mon, 07 Mar 2005 15:15:08 EST

Opinion: 96-29. March 12, 1996. Digest: (A) A part-time judge (1) must resign from positions held in a political party. (2) may practice law before the Zoning and Planning Board of other villages and towns but not before such boards of the village where the judge sits; (3) may not attend political dinners

Opinion 96-31

Mon, 07 Mar 2005 15:15:08 EST

Opinion: 96-31. March 12, 1996. Digest: A judge's campaign committee may hold a post-election fund raiser, within the permissible six month period, to raise funds to pay outstanding election debts to third parties but not for purpose of repaying loans made by the judge to the committee.

Opinion 96-32

Mon, 07 Mar 2005 15:15:09 EST

Opinion: 96-32. March 12, 1996. Digest: A judge may recommend an attorney for membership on an 18-B panel, as long as the recommendation is personal and unofficial. A judge may attend the fund-raising event of a civic organization.Rules: 22 NYCRR 100.2(C) 100.4(C)3)b)ii) 100.4(D)5) Opinions 93-129; 87-12(a).

Opinion 96-33

Mon, 07 Mar 2005 15:15:09 EST

Opinion: 96-33. March 12, 1996. Digest: Under the specific circumstances presented, the formation of a fund, to assist the inquiring judge in the payment of legal fees arising out of the commencement of a formal investigation of the judge by the State Commission on Judicial Conduct, is ethically permissibl

Opinion 96-34

Mon, 07 Mar 2005 15:15:09 EST

Opinion: 96-34. April 25, 1996. Digest: A part-time judge may hold employment as a caseworker with the County Child Protective Services.Rules: 22 NYCRR 100.6(B)4). A part-time Village Justice asks whether or not it is permissible to accept employment as a caseworker with a County Child Protective Service, which e

Opinion 96-35

Mon, 07 Mar 2005 15:15:10 EST

Opinion: 96-35. September 5, 1996. Digest: A part-time town judge (1) may not serve on a village zoning board of appeals if zoning matters may be heard in the Town Court (2) may preside over cases involving youths served by a not-for-profit academy on whose board of directors the judge serves, provided that i

Opinion 96-36

Mon, 07 Mar 2005 15:15:10 EST

Opinion: 96-36. April 25, 1996. Digest: An attorney who is a member of a law firm to which a part-time judge is "Of Counsel" may not practice law before another part-time judge in the same court.Rules: 22 NYCRR 100.6(B)3) Opinions 88-39; 87-10. A part-time acting city court judge has inquired whether a member of the la

Opinion 96-37

Mon, 07 Mar 2005 15:15:10 EST

Opinion: 96-37. June 13, 1996. Digest: A part-time town justice may not take a position as a part-time instructor of a defensive driving course conducted under the auspices of the National Safety Council, to which organization referrals are made by the Town Court.Rules: 22 NYCRR 100.6(B)4). A town justice inquires w

96-38_.pdf

Mon, 07 Mar 2005 15:15:10 EST

Opinion: 96-38 September 5, 1996 Digest: A judge may be a member of the League of Women Voters and accept a leadership position i n the local chapter provided that such participation does not result i n an involvement in partisan political activity. Rules: 22 NYCRR 100.4(C) 100.5(A) (1) (e) Opinion

96-39_.pdf

Mon, 07 Mar 2005 15:15:11 EST

opinion: 96-39 June 13, 1996 - A town justice may not accept or engage in employment as a "Special Deputy U.S. Marshal" for an independent contractor providing court security services to the federal courts. Rules: 22 NYCRR 100.1, 100.2, 100.4(C)2)b) 100-6(B)4) CPL 551.20, 2.10, 2.15, 2.20, Town Law

96-40_.htm

Mon, 07 Mar 2005 15:15:11 EST

Opinion 96-40. June 13, 1996. Digest. A part-time Town Court judge, permitted to practice law, may appear. pro. se. in a small claims action to recover legal fees in a City Court located in the same county as the TowA part-time town justice, who is permitted to practice law, asks if it is permissible to appear.

96-41_.pdf

Mon, 07 Mar 2005 15:15:11 EST

Opinion: 96-41 April 25, 1996 w: An association of judges may endorse proposed legislation affecting nonjudiicia employees of the Unified Court System - 22 NYCRR 100.4(A) (C) The president of an association of judges inquires as to whether the association is permitted to address letters to members o

96-42_.pdf

Mon, 07 Mar 2005 15:15:11 EST

Opinion: 96-42 June 13, 1996 W & : A judge whose children are assistant district attorneys in the large, urban county where the judge sits, is not disqualified from presiding in a criminal part, provided that there is no appearance of the children before the judge and there has been no participation

96-43.htm

Fri, 26 May 2006 20:26:12 EST

Opinion 96-43. April 25, 1996. Digest. A part time judge may not serve as a member of a local school board.. Rules. 22 NYCRR 100.3(A) 100.6 (B)4) Opinion 90-63 (Vol. V) 88-142 (Vol III). A part time justice inquires if he/she may serve as a member of the local school board. The judge believes there will be no o

96-44.htm

Fri, 26 May 2006 20:26:26 EST

Opinion 96-44. June 13, 1996. Digest. A judge may participate in a panel discussion sponsored by the sheriff’s department as part of its training program for the purpose of explaining the procedures and operations of the court.Rules. 22 NYCRR 100.2 (A) 100.3 (B) (8) 100.4 (B) Opinion 93-82 (Vol. XI) 92-83 (Vol. IX).

96-46.htm

Fri, 26 May 2006 20:26:45 EST

Opinion 96-46. April 25, 1996. Digest. A town judge may not place a sign stating his/her name and judicial title, in the advertising section of a Little League field, but may have a message inserted in the journal of a charitable organization.Rules.

96-47.htm

Fri, 26 May 2006 20:27:08 EST

Opinion 96-47. June 6, 1996. This is in response to your letter of April 3, 1996, in which you ask the opinion of the Advisory Committee concerning the authority of an administrative law judge to preside at a hearing where a party representative is not an attorney.The Advisory Committee on Judicial Ethics is not e

96-48_.pdf

Mon, 07 Mar 2005 15:15:13 EST

Opinion: 96-48 Amended Rigas& A part-ti-judge complies with the Rules through a recusal if the judge's client"and/or a potential party in .a client's lawsuite appear before the judge. L Rules: 22 NYCRR 100.6(B) (2) A part-time judge who is also a solo practitioner anticipates (a) that a client will

96-49_.pdf

Mon, 07 Mar 2005 15:15:13 EST

Opinion: 96-49 April 25, 1996 m: A part-time judge who is about to become president of a local bar association (1) may not publicly comment on recent court decisions; (2) may express hidher views on issues relating to the administration of justice and the legal system; and (3) in order to avoid the

96-50.htm

Fri, 26 May 2006 20:27:36 EST

Opinion 96-50. April 25, 1996. Digest. A judge must disqualify himself/herself from presiding over cases being handled by the law firm that has recently represented the judge’s spouse and family, unless after full disclosure, the parties consent and the judge does not doubt his/her ability to be impartial.Rules.

96-52.htm

Fri, 26 May 2006 20:28:00 EST

Opinion 96-52. April 25, 1996. Digest. A judge may accept an award by a charitable organization at a fund-raising event provided that the judge’s name is not used for solicitation of contributions and that the granting of the award is unadvertised.Rules. 22 NYCRR 100.4(C)3)b)ii). A full time judge is acti

96-53.htm

Mon, 24 Jul 2006 19:06:24 EST

Opinion 96-53 & 96-67. June 13,1996. Digest. Under the special circumstances shown, a judge may contribute to a legal defense fund created on behalf of another judge who faces charges of judicial misconduct brought by the State Commission , but may not solicit contribut22 NYCRR 100.2 ( C) Opinion 96-33.

96-54_.pdf

Mon, 07 Mar 2005 15:15:14 EST

96-54 October 25, 1996 The Advisory Cammittee on Judicial Ethics, has considered your inquiry (96-54) concerning your obligation to report possible illegal activity that has come to your attention by way of sworn testimony in a case pending before you. Enclosed for your information is Joint Opinion

96-55_.pdf

Mon, 07 Mar 2005 15:15:15 EST

opinion: 96-55 June 13, 1996 Rigat: Ajudge who is the owner of a local insuranceandreal estate agency (1) shouidexenkerecusalinmanerS imrolvingpersons who are holders of insurance policies obtained through I the judge's agency (2) should exeTcise recusal m matters involving real estate clients for w

05-85.htm

Fri, 30 Jun 2006 18:41:10 EST

Opinion 05-85. September 21, 2005. This is in response to your inquiry (05-85) in which you ask whether you may represent yourself in a child custody matter which your former husband is appealing, as well as in possible enforcement and related proceedings.Section 100.4(G) of the Rules Governing Judicial C

96-59_.pdf

Mon, 07 Mar 2005 15:15:15 EST

Opinion: 96-59 w: A town justice map seme as a bartender at a library- . June Z3, 1996 sponsored cocktail party and may cook at the library fair, but may not serve as a cashier at either event. w: 22 NYCRR 100*4(C)3) aPinion: A town justice who also serves as a Trustee of a notfoorprofit local libra

96-58.htm

Mon, 24 Jul 2006 19:06:24 EST

Opinion 96-58. June 13,1996. Digest. A judge may serve on the Board of Directors of an international bar association specializing in travel law, provided that the judge does not participate in fund-raising or lend the prestige of judicial office to advance the private interests of the organization or the judge.Rules.

96-61.htm

Mon, 24 Jul 2006 14:17:07 EST

Opinion: 96-61. July 31, 1996. This is in response to your inquiry (96-61) in which you ask whether the law firm that employs you as an attorney is permitted to appear before a part-time justice/attorney of a town court which is located in the same county as the court where you preside.Section 100.6(B)3) of the

96-64.htm

Mon, 24 Jul 2006 14:17:08 EST

Opinion: 96-64. June 13,1996. Digest. The judges of a town court should not grant permission to the full-time clerk of that court to accept an appointment as a constable in the same town.Rules. 22 NYCRR 25.37 (a) 100.3 (C) (2) 100.4 (A) (1) 100.4 ( C) (2) (b) CPL 2.10. The two judges of a town court inquire whether a f

96-65.htm

Mon, 24 Jul 2006 14:17:08 EST

Opinion 96-65. June 13,1996. Digest. The acceptance by a full-time judge of a gubernatorial appointment to the New York State Motor Vehicle Theft and Insurance Fraud Prevention Demonstration Board would be incompatible with judicial office.New York State Constitution, Art. VI, sec. 20; 22 NYCRR 100.1; 100.2 (A).

91-78.htm

Tue, 01 Aug 2006 18:59:22 EST

Opinion 91-78. June 13, 1991. Digest:. A full-time judge ethically may serve on the IOLA Fund board which administers a fund which assists in providing legal services to the poor, although there may be legal constraints to so serving.Rules:. 22 NYCRR 100.4(c). Opinion:. A full-time judge inquire

96-68.htm

Fri, 26 May 2006 20:28:11 EST

Opinion 96-68. June 13,1996. Digest. A part-time judge who is a practicing attorney may preside over a small claims lawsuit commenced by a litigant who is a part-time judge in the same county and who also practices law.Rules. 22 NYCRR 100.6 (B) (2) Opinions 93-09, 90-103, 90-11, 89-71.. A part-time judge who pra

96-69.htm

Fri, 26 May 2006 20:28:24 EST

Opinion 96-69. June 13,1996. Digest. A judge may not accept contributions, express thanks for contributions or be photographed by the media accepting contributions made to a hospital fund-raising campaign.Rules. 22 NYCRR 100.4 ( C) (3) (b). A judge inquires whether it would be permissible for him/her, as a trustee

96-71.htm

Fri, 26 May 2006 20:28:37 EST

Opinion 96-71. July 31, 1996. This is in response to your inquiry (96-71) in which you raise a series of questions concerning the disposition of surplus campaign funds arising out of your various candidacies for judicial office.In your inquiry you state that the question of the disposition of such fund

96-72.htm

Fri, 26 May 2006 20:28:49 EST

Opinion 96-72. June 13,1996. Digest. A part-time town justice who practices law should not accept referrals of appeals from the District Attorney of the county.Rules. 22 NYCRR 100.6 (B) (4) Opinion 90-188. A part-time town justice who practices law inquires whether his/her firm may accept referrals of app

96-73.htm

Fri, 26 May 2006 20:29:00 EST

Joint Opinion 96-73 & 96-80. June 13,1996. Digest. A judge may not (1) accompany his/her spouse to a dinner honoring the President, which dinner is sponsored by the Democratic National Committee (2) attend as a spectator the Republican National Convention to which his/her spouse is a delegate.Two judges raise a simila

96-66.htm

Mon, 24 Jul 2006 14:17:08 EST

Opinion 96-66. June 13,1996. Digest. A judge may attend a community meeting in which gay and lesbian issues would be discussed and the meeting addressed by the liaison of the President of the United States to the lesbian and gay community.Rules. 22 NYCRR 100.5. The inquiring judge seeks the opinion of the Commi

96-75_.pdf

Mon, 07 Mar 2005 15:15:19 EST

96-75 July 31,1996 This ism mponse to your inquity (96-75) cmcembg the intended use by the Law School &om which you graduated, ofa postcard with your photograph which features you as a-high achiwing ahnnna" The mailing is to prominent persons in the legal prof(Ssi0n who may be responding to a magazi

96-74.htm

Mon, 24 Jul 2006 14:17:09 EST

Opinion 96-74. June 13,1996. Digest. A judge may allow his/her confidential law clerk to continue to serve after the law clerk’s father wins election to the same court.Rules. 22 NYCRR 8, 100.3 (C)3). A judge inquires if his/her confidential law clerk, who was appointed to the position many years ear

96-77_.pdf

Mon, 07 Mar 2005 15:15:20 EST

Opinion: 96-77 = (1) A judge's spouse may Sep-5, 1996 cooperative apartment for utilize a jointly-owned fund-raising activities conducted by her/for charitable organizations but the judge may not attend or participate. (2) The term %conollLIc interest" under Role lOO.O(D) includes ownership of bonds

96-76.htm

Mon, 24 Jul 2006 14:17:09 EST

Opinion: 96-76. September 5, 1996. Digest. A judge may not serve as a member of an ecclesiastical court.. Rules. 22 NYCRR 100.4 (F). A full-time judge inquires whether he/she may serve as a member of an ecclesiastical court which hears the presentment of charges against members of the clergy who are alleged

96-80.htm

Fri, 26 May 2006 20:29:13 EST

96-82_.pdf

Mon, 07 Mar 2005 15:15:21 EST

Opinion: 96-82 March 13, 1997 Dipes? It is the obligation of a judge to determine whether an organization of which the judge is a member practices invidious discrimination. 1 del 0 C ode of Judicial Conduct -Canon 2C . . Pules: 22 NYCRR 100,2@ &inion: A judge asks whether section 100.2@ of the Rules

96-83_.pdf

Mon, 07 Mar 2005 15:15:21 EST

Opinion: 96-83 September 5, 1996 = A judge may not solicit funds from other judges for charitable causes. mxlss: 22 NPCRR 100.4 (C)3)b)i) Qpinioq: A judge inquires if it is pernissible to solicit funds from other judges for charitable causes. The judge participates in an athletic event, the purpose

96-84_.pdf

Mon, 07 Mar 2005 15:15:22 EST

Opipion: 96-84 niaeS+ A full-time judge may not serve on the Board of Directors of an incorporated organization which provides free legal services to low-income residents of the state. Rules: 22 NYCRR 100.2 (A) and (C) ; 100.4 (C) (3) (a) (ii) A full-tim@judge inquires whether he/she may serve on th

96-85_.pdf

Mon, 07 Mar 2005 15:15:23 EST

Opinion: 96-85 September 5, 1996 m: A judge who sits both in county court and Surrogate's Court is not disqualified from . presiding over County Court or Surrogate's court matters in which an attorney, who is the spouse of the Chief Clerk of Surrogate's Court, appears on behalf of a client, provided

96-86_.pdf

Mon, 07 Mar 2005 15:15:23 EST

Opinion: 96-86 September 5, 1996 Digest: A judge may not appoint an attorney as a referee i n a foreclosure matter or as a guardian ad l i t e m in a pending l i t i g a t i o n , where the attorney's father is a sitting Supreme Court justice. Rules: 22 NYCRR 36.1 -Opinion: attorney as a referee i n

96-88_.pdf

Mon, 07 Mar 2005 15:15:23 EST

Opinion: 96-88 - A part-time judge associated w i t h a private September 5, 1996 mediation and arbitration service may not allow the use of the judgels name preceded by the honorific "Eon. i n the organization's a d V e r t i S ~ t s . Rules: 22 NPCRR 100.2(C) Opinion 92-125 -opihion: A part-time v

96-89_.pdf

Mon, 07 Mar 2005 15:15:24 EST

Opinion: 96-89 September 5, 1996 Dige~Z: A full-time judge may complete the ministerial function of executing the referee's deed and related papers arising "at of a determination which was made by the judge in his/her capacity as a referee prior to the time the judge assumed the bench. UI& New York

96-90_.pdf

Mon, 07 Mar 2005 15:15:24 EST

Opinion: 96-90 September 6,1996 QigesC A part-time judge may not lease a bUildillgldinthetownwhere thejudgepresides, to a drug and alcohol treatmeat center which pr~evaluationsandtreatmem . to defendants appearing before the judge. Opinion 9 7 6 Rules: 22 NYCRR 100.4@1) 4iinian: brother, which is lo

96-91.htm

Fri, 26 May 2006 20:29:28 EST

Opinion 96-91. December 12,1996. Digest. A newly appointed part-time City Court judge (1) is entitled to recover disbursements and share in legal fees for services rendered in a pending litigation commenced prior to assuming judicial office; (2) may allow former co-counsel in the pending law suit to appear before h

96-78.htm

Mon, 24 Jul 2006 14:17:09 EST

Opinion 96-78. June 13, 1996. Digest. A judge may not allow his/her name to be listed on the letterhead of a bar association committee letter where the sole purpose of the committee and the letter is the active solicitation of contributions for a memorial scholarship fund.Rules. 22 NYCRR 100.4 (C)3)b)iv).

96-92.htm

Mon, 24 Jul 2006 14:17:10 EST

Opinion 96-92. September 5, 1996. Digest. A part-time Town Justice may not serve as Town Clerk.. Rules. 22 NYCRR 100.6 (B)4). A part-time justice of a town court inquires whether his/her judicial office is compatible with that of town clerk.Section 100.6 (B)4) of the Rules of the Chief Administrator states that a p

96-94.htm

Mon, 24 Jul 2006 14:17:10 EST

Opinion 96-94. February 18,1997. In response to your inquiry (96-94) regarding political contributions by a law firm in which you are a partner, we enclose for your information Opinion 88-56, in which this Committee held that a law firm may not contribute to a political campaign in its name, if its membersh

96-95.htm

Mon, 24 Jul 2006 14:17:10 EST

Opinion 96-95. September 5, 1996. Digest. A letter written to a judge by a bar association concerning a pending proceeding should not be considered by the judge and, under the circumstances presented, should be sent to defendant’s lawyer, the District Attorney and the Presiding Justice of the Appellate Division.Rules.

96-96.htm

Mon, 24 Jul 2006 14:17:10 EST

Opinion 96-96. September 5, 1996. Digest. A judge may not serve as board member of a victim services agency.. Rules. 22 NYCRR 100.4 (A)1) 100.4 (C)3)a)i) Opinions 93-121(Vol. XI) 88-150 (Vol. III) 88-145 (Vol. III). A judge has inquired whether he/she may serve as a member of an advisory committee to a victim servi

96-98.htm

Fri, 26 May 2006 20:29:39 EST

Opinion 96-98. October 11,1996. Digest. A full-time judge may participate as an incorporator and director of an Hispanic fraternal organization comprised of Unified Court System employees, and may be listed as a judge on the organization’s letterhead if others are comparably designated. The judge may not use his/h

96-99.htm

Fri, 26 May 2006 20:29:54 EST

Opinion 96-99. September 5, 1996. Digest. A part-time town justice who is a practicing attorney may appear before a full-time City Court judge but may not practice before a part-time City Court judge, in the county where the judge’s court is located.Rules. 22 NYCRR 100.4 (G) 100.6 (B)2). A part-time town justice

Opinion 97-01

Mon, 07 Mar 2005 15:15:27 EST

Opinion: 97-01. January 23, 1997. Digest: A judge should not write a Foreward to a law book dealing with the workings of the court over which the judge presides and which is a commercial publication intended to earn a profit for the publisher and author.Rules: 22 NYCRR 100.2(C) Opinions 93-14, Vol. X; 87-13, Vol. I..

Opinion 97-02

Mon, 07 Mar 2005 15:15:27 EST

Opinion: 97-02. January 23, 1997. Digest: A part-time judge may publicly comment on a report issued by a committee formed by the County Executive and chaired by the District Attorney concerning the feasibility of the creation of a District Court system in the county.

Opinion 97-03

Mon, 07 Mar 2005 15:15:28 EST

Opinion 97-03. January 23, 1997. Digest: A Family Court Hearing Examiner may serve on the Board of Directors of a not-for-profit civic organization that organizes and conducts a four-day public entertainment festival, subject to the limitations and restrictions set forth in section 100.4(C)3) of the Rules G

97-04_.pdf

Mon, 07 Mar 2005 15:15:28 EST

97-04 March21,1997 This is in response to your inquiry of December 31,19% (97-04) in which you ask whether the treasurer of your 1995 campaign for the position of Town Judge, in returning to contributors the unexpended funds, may request that such funds be contributed to your 1994 campaign for the p

97-05_.pdf

Mon, 07 Mar 2005 15:15:28 EST

97-05 May 1,1997 This will acknowiedge receipt of your inquiry (97-05) concerning the practice of law by your law firm in the court in which you may be appointed Acting City Court Judge and your continued service on the Board of Directors of a local bank. Judiciary Law 212(l)i) and 22 NYCRR Part 101

Opinion 97-06

Mon, 07 Mar 2005 15:15:28 EST

Opinion: 97-06. January 23, 1997. Digest: A judge may attend and serve as master of ceremonies at an event honoring a Commissioner of the Board of Elections upon the Commissioner's retirement, which is not sponsored by a political organization and is not a fund-raising event.

Opinion 97-07

Mon, 07 Mar 2005 15:15:29 EST

Opinion: 97-07. January 23, 1997. Digest: The judges of a Family Court are not disqualified from presiding over matters in which a party is represented by an attorney who is dating the Court Attorney. The judges should disclose the relationship on the record, obtain the consent of the parties to the judges'

Opinion 97-08

Mon, 07 Mar 2005 15:15:29 EST

Opinion: 97-08. March 13, 1997. Digest: A judge who was formerly deputy chief of a branch office of the Tort Division of the Corporation Counsel's office, with general supervisory authority over tort cases against the municipality that had been brought in the county where the judge now sits, may not presid

Opinion 97-09

Mon, 07 Mar 2005 15:15:29 EST

Opinion: 97-09. January 23, 1997. Digest: A recently appointed full-time judge may remain a shareholder of the professional corporation under which the judge practiced law solely for the purpose of winding up the affairs of the professional corporation, which the judge must dissolve as soon as is practicable

97-10_.pdf

Mon, 07 Mar 2005 15:15:31 EST

97-10 March 12, 1997 This is in response to your inquiry of January 14,1997 (97-10) in which you ask whether you may accept an appointment to the Board of Trustees of the Gloversville Theatre Corporation, a notfoorprofit corporation, which serves as a regional performing arts center. The Committee p

Opinion 97-100

Mon, 07 Mar 2005 15:15:29 EST

Opinion: 97-100. October 16, 1997. Digest: A full-time City Court judge, who regularly presides in consumer transaction cases, may not serve as a member of the Board of Directors of Consumers Union, which describes itself as a consumer advocacy group. Serving in such a capacity would cast reasonable doubt on

Opinion 97-102

Mon, 07 Mar 2005 15:15:30 EST

Opinion: 97-102. September 11, 1997. Digest: (1) A judge need not offer recusal solely because the District Attorney has made a complaint to the State Commission on Judicial Conduct about the judge, if the judge believes he/she can be impartial, and the Commission has yet to charge the judge with misconduct in

Opinion 97-103

Mon, 07 Mar 2005 15:15:30 EST

Opinion: 97-103. September 11, 1997. Digest: A judge should not permit the judge's part-time law clerk to donate office space to a political party which, if rented on the open market, could have a value of over $500 per year.Rules: 22 NYCRR 100.5(C)2). A judge inquires whether the judge's part-time law

Joint Opinion 97-104 and 97-105

Mon, 07 Mar 2005 15:15:30 EST

Joint Opinion: 97-104 and 97-105. September 11, 1997. Digest: (1) A principal law clerk to a and full-time judge may seek election to the board of a parochial school and serve as its president (2) A part-time judge may seek election to and serve on the board of a parochial school but may not engage in p

Opinion 97-106

Mon, 07 Mar 2005 15:15:30 EST

Opinion: 97-106. September 11, 1997. Digest: A Town Justice and his/her co- judge may not permit members of a law firm to continue to represent clients in cases pending in the Town Court after the Town Justice becomes a partner or associate of the firm. A judge may not transfer or seek to transfer any matter to

Opinion 97-107

Mon, 07 Mar 2005 15:15:30 EST

Opinion: 97-107. November 13, 1997. Digest: A Town Justice may not allow the Town Court's part-time clerk to simultaneously maintain part-time employment in the Public Defender's private law office.Rules: 22 NYCRR 100.3(A) 100.3(E)1) Opinion 97-51.. A Town Justice inquires whether the judge's part-t

Opinion 97-108

Mon, 07 Mar 2005 15:15:31 EST

Opinion: 97-108. October 16, 1997. Digest: The acceptance by a full-time judge of an appointment by a County Executive to become a member of the Juvenile Crime Prevention Commission established by the County Executive would be incompatible with judicial office.

Opinion 97-11

Mon, 07 Mar 2005 15:15:33 EST

Opinion: 97-11. January 23, 1997. Digest: A judge may serve on the Board of Directors of a SUNY alumni association, subject to the limitations stated in the Rules Governing Judicial Conduct, and may sign letters to prospective students encouraging their acceptance of admission to theRules: 22 NYCRR 100.4(C)3

97-110_.pdf

Mon, 07 Mar 2005 15:15:31 EST

97-1 10 November 20, 1997 This is in response to your inquiry (97-110) asking whether you may provide a "To Whom It May Concern" letter of reference for a court inkpeter whom you have known for approximately 10 years. The interpreter plans to return to Spain and seek employment there. Under the circ

Opinion 97-111

Mon, 07 Mar 2005 15:15:31 EST

Opinion 97-111. October 16, 1997. Digest: The justice of a Village Court, who is permitted to practice law, may not practice law in the Town Court where the Town Court and the Village Court share the same court facility, court offices, court staff and court clerk.

97-112_.pdf

Mon, 07 Mar 2005 15:15:32 EST

Opinion 97-1 12 October 16, 1997 R@Q: In circumstances where there is more than one Court Clerk and the court determines that insulating the Court Clerk from involvement in a limited number of cases is practicable, the court may preside over proceedings in which one of the litigants is represented b

Opinion 97-113

Mon, 07 Mar 2005 15:15:32 EST

Opinion: 97-113. October 16, 1997. Digest: A full-time judge may not participate in the formation and operation of a for-profit business that intends to offer on-line continuing education courses to attorneys.Rule: 22 NYCRR 100.4(B) 100.4(D)3) 100.4(H)1) Opinions: 95-55 (Vol. XIII) 93-37 (Vol. XI) 92-05 (Vol

Joint Opinion 97-118 and 97-122

Mon, 07 Mar 2005 15:15:32 EST

Joint Opinion: 97-118 and 97-122. October 16, 1997. Digest: A judicial candidate for re-election who is unopposed on the ballot, may engage in certain political activity permitted under section 100.5 of the Rules Governing Judicial Conduct.Rule: 22 NYCRR 100.5; Opinion 89-05 (Vol. III). Two part-time judges rais

97-118_.pdf

Mon, 07 Mar 2005 15:15:33 EST

Joint Opinion: 97-1 18 October 16, 1997 97-122 Egest: A judicial candidate for reelecctio who is unopposed on the ballot, may engage in certain political activity permitted under section 100.5 of the Rules Governing Judicial Conduct. Bule: 22 NYCRR 100.5 Opinion 89-05(Vol. HI) QpiniQn: Two part-time

97-119_.pdf

Mon, 07 Mar 2005 15:15:33 EST

97-119 November 7, 1997 The Advisory Committee on Judicial Ethics has considered your letter of October 8, 1997, in which you seek our opinion regarding whether the provisions of General Municipal Law 580s pertaining to disclosure of an interest in zoning matters applies to judges and/or the judges’

Opinion 97-12

Mon, 07 Mar 2005 15:15:35 EST

Opinion: 97-12. March 13, 1997. Digest: A judge, as president of the Board of Trustees of a public library (1) may have the judge's name listed, as an officer, on the invitation to a fund-raising gala if the listing of the judge and other board members is in the same format as on the organization's regular

Opinion 97-120

Mon, 07 Mar 2005 15:15:33 EST

Opinion: 97-120. October 16, 1997. Digest: A judge, at a public ceremony unveiling a court case management automation program, may acknowledge the role of foundations in funding the development of the program, and may discuss and recommend future court projects for public or private fRules: 22 NYCRR 100.4(C)3)b)iii).

Opinion 97-121

Mon, 07 Mar 2005 15:15:34 EST

Opinion: 97-121. October 16, 1997. Digest: A judge may attend politically sponsored dinners or affairs for a period of six months following the judicial nominating convention at which the judge unsuccessfully sought a party's nomination to be a candidate for another judicial office.

97-122_.pdf

Mon, 07 Mar 2005 15:15:34 EST

Opinion 97-123

Mon, 07 Mar 2005 15:15:34 EST

Opinion: 97-123. November 13, 1997. Digest: A Supreme Court justice may serve on the Executive Committee of a Youth Court that is sponsored by a local village and which is funded by the village and the New York State Division for Youth.Rules: Jud. Law §3; 22 NYCRR 100.4; Opinion 93-102 (Vol. XI).

97-125_.pdf

Mon, 07 Mar 2005 15:15:34 EST

97-125 December 18, 1997 This is in response to your inquiry (97-125) in which you request a formal opinion asking whether the Drug Court Coordinator of the Drug Treatment Court may serve as an officer or duector of a proposed foundation which is behg established for the purpose of assisting the Cou

Opinion 97-126

Mon, 07 Mar 2005 15:15:35 EST

Opinion: 97-126. November 13, 1997. Digest: A part-time judge may accept employment as Deputy Counsel to the New York State Higher Education Services Corporation.Rules: 22 NYCRR 100.3(E)1) 100.6(B)4). The question posed to the Committee is "w]hether it is permissible for an elected, part-time, Town J

Opinion 97-127

Mon, 07 Mar 2005 15:15:35 EST

Opinion: 97-127. December 11, 1997. Digest: A Supreme Court Justice may allow a secretary to provide transcription and typing services, on non-court time, to law firms in the area, provided that the attorneys of any firm that utilizes the secretary's services do not regularly appear before the judge and the se

Opinion 97-128

Mon, 07 Mar 2005 15:15:35 EST

Opinion: 97-128. December 11, 1997. Digest: Literature promoting an international conference on certain legal issues and related matters may list a judge as a speaker and refer to his/her experience and credentials, but such references should be restricted to the judge's qualifications to be a speaker at the event.

Opinion 97-129

Mon, 07 Mar 2005 15:15:35 EST

Opinion: 97-129. January 29, 1998. Digest: (1) A judge must disqualify himself/ herself in any matter involving the law firm of the judge's campaign coordinator or campaign finance chair during the pendency of the campaign. (2) The judge must disclose the relationship and exercise recusal (subject to remittal

Opinion 97-13

Mon, 07 Mar 2005 15:15:38 EST

Opinion: 97-13. January 23, 1997. Digest: A full-time City Court judge may not serve on the local advisory board established in connection with a request for a federal law enforcement block grant being made by the city police department for computerization enhancement of police records.

Opinion 97-130

Mon, 07 Mar 2005 15:15:36 EST

Joint Opinion: 97-130 and 97-147. December 11, 1997. Digest: A judge whose child is an attorney in a small public law office must disclose the relationship and obtain the consent of the parties in all matters in which the office appears before the judge. Regardless of the size of the office, the child

97-131_.pdf

Mon, 07 Mar 2005 15:15:36 EST

97-131 December 29, 1997 This is in response to your inquiry (97-131) in which you seek the opinion of the Committee as to whether you may appoint a parttiim Town Justice who is permitted to practice law as a guardian ad litem in Surrogate’s Court. The Committee has previously addressed the subject

Opinion 97-132

Mon, 07 Mar 2005 15:15:36 EST

Opinion: 97-132. November 13, 1997. Digest: Under the circumstances presented, a judge may not lecture at a law school about a case over which the judge recently presided and in which there is likely to be an appeal.Rules: 22 NYCRR 100.3(B)8) Opinion 92-05 (Vol. X). The inquiring judge informs the Committee that he/

97-133_.pdf

Mon, 07 Mar 2005 15:15:37 EST

97-133 December 29, 1997 In response to your inquiry (97-133) the Committee is of the view that its opinion in Joint Opion 96-143 et. al. answers your inquiry in that it would p e d t you to review the publication, New York Criminal Practice, Second Edition. That opinion, however, would not permit y

97-134_.pdf

Mon, 07 Mar 2005 15:15:37 EST

Opinion: 97-134 December 11, 1997 Rigcsi: A newly-elected full-time judge may continue to serve as a director of a charitable organization provided that such service does not conflict with the judge’s judicial duties. Rub: 22 NYCRR 100.3(A) 100.4(A)3) 100.4(C)3)a)ii) slpinim: A newly-elected full-ti

Opinion 97-135

Mon, 07 Mar 2005 15:15:37 EST

Opinion: 97-135. December 11, 1997. Digest: A judge may not preside where an attorney representing the judge before the State Commission on Judicial Conduct appears in a matter before the judge. Subsequent to the conclusion of the representation there must be disclosure and in the event of objection, recusal.

97-136_.pdf

Mon, 07 Mar 2005 15:15:37 EST

97-136 December 18,1997 This is in response to your inquiry (97-136) in which you seek the views of the Committee as to whether cases in which your law partner has been retained to represent persons in your court, may be transferred to another court. You acknowledge that it would be improper for you

97-137_.pdf

Mon, 07 Mar 2005 15:15:38 EST

97-137 December 29,1997 This is in response to your inquiry (97-137) concerning the propriety of your accepting a position as a part-time United States Immigration and Naturalization Service immigration inspector. You state in your letter that the position carries with it Federal peace officer Statl

Opinion 97-139

Mon, 07 Mar 2005 15:15:38 EST

Opinion: 97-139. December 11, 1997. Digest: Under the circumstances presented, a judge may permit his/her Principal Law Clerk to continue to serve on the Board of Directors of two not-for-profit organizations that represent indigent defendants in criminal cases in venues other than the one where the judge sits.

Opinion 97-14

Mon, 07 Mar 2005 15:15:40 EST

Opinion: 97-14. March 13, 1997. Digest: A full-time judge may be a member of a county bar association committee which makes recommendations to the bar association relating to grants to be made from a fund established by a private foundation for the purpose of enhancing the furnishing of pro bono legal serv

96-97.htm

Mon, 24 Jul 2006 14:17:11 EST

Opinion 96-97. September 5, 1996. Digest. A Family Court hearing examiner may express to the leadership of a political party the desire to be considered for appointment to fill a vacancy in County Court, but in seeking such appointment may not engage in political activity that is prohibited to members of the judiciary.

Opinion 97-141

Mon, 07 Mar 2005 15:15:39 EST

Opinion: 97-141. January 28, 1998. Digest: A judge may permit the judge's law clerk to be a member of a public policy committee of a local political party so long as it is not an elected position and the clerk's political activities do not contravene section 100.5(C) of the Rules Governing Judicial Conduct an

Opinion 97-142

Mon, 07 Mar 2005 15:15:39 EST

Opinion: 97-142. January 29, 1998. Digest: An acting village justice is not prohibited from serving on a city Zoning Board of Appeals where the actions of the zoning board are not reviewed by the village court, and cases alleging violations of the city zoning code would not be heard in the village court.

97-143_.pdf

Mon, 07 Mar 2005 15:15:39 EST

97-143 December 17, 1997 Dear This is in response to your inquiry (97-143) in which YOU seek the Committee’s advice as to whether you may serve on the advisory committee for the selection of a new school superintendent of a local school district. You note that your child attends school in the distri

Opinion 97-144

Mon, 07 Mar 2005 15:15:39 EST

Opinion: 97-144. December 11, 1997. Digest: A Supreme Court justice need not resign in order to seek elective office to another court.. Rules: 22 NYCRR 100.5(B). A Supreme Court justice inquires whether he/she must resign from the bench in order to seek election to a judgeship in Surrogate's Court. Pursuant to

Opinion 97-145

Mon, 07 Mar 2005 15:15:39 EST

Opinion: 97-145. December 11, 1997. Digest: A judge may perform the civic duty of swearing in newly-elected officials, and attend a municipally funded induction ceremony, but may not attend a "Gala Ball" for a newly- elected official, which is for the purpose of post-campaign fund-raising.

Opinion 97-146

Mon, 07 Mar 2005 15:15:40 EST

Opinion: 97-l46. December 11, 1997. Digest: A judge who is not running for judicial office may not distribute to the community a calendar which states that it is being provided by the judge, and which states the judge's judicial title.Rule: 22 NYCRR 100.0(Q) l00.5(A)1)2). A part-time Town Justice

Opinion 97-148

Mon, 07 Mar 2005 15:15:40 EST

Opinion: 97-148. January 28, 1998. Digest: A full-time judge is not required to file a report under section 100.4(H) of the Rules Governing Judicial Conduct with respect to compensation received for legal services rendered and real property conveyed prior to the judge's assuming judicial office.

Opinion 97-149

Mon, 07 Mar 2005 15:15:40 EST

Opinion: 97-149. January 29, 1998. Digest: (1) A newly-elected Town Justice may not permit members of his/her law firm to continue to represent clients in cases pending before either judge in the Town Court. (2) A judge may not transfer or seek to transfer any matter to another court solely for the purpose of

Opinion 97-15

Mon, 07 Mar 2005 15:15:41 EST

Opinion: 97-15. March 13, 1997. Digest: A judge (1) should disqualify himself/herself in all matters being handled by an attorney who is presently representing the judge's son in a Family Court juvenile delinquency proceeding, unless after disclosure, all parties consent to the judge's presiding, and (2) s

Opinion 97-151

Mon, 07 Mar 2005 15:15:41 EST

Opinion: 97-151. January 28, 1998. Digest: A judge may serve as vice- president of a charitable not-for-profit organization, subject to the limitations specified in section 100.4(C)3) of the Rules Governing Judicial Conduct.Rules: 22 NYCRR 100.4(C)3) (a) 100.4(C)3)b)i) Opinions 95-47 (Vol. XIII) 92

Opinion 97-152

Mon, 07 Mar 2005 15:15:41 EST

Opinion: 97-152. January 29, 1998. Digest: A judge may not attend as a spectator a "Legislative Weekend, organized by a caucus of legislators, where the activities thereat are legislative and political.Rules: 22 NYCRR 100.5(A)1)c)g) Joint Opinion 96-73/96-80 (Vol. XIV). A judge presents the ques

Opinion 97-16

Mon, 07 Mar 2005 15:15:41 EST

Opinion: 97-16. May 8, 1997. Digest: A judge may not submit a letter supporting a private business in its bid to continue to provide services to a municipality.Rule: 22 NYCRR 100.2(C)1). A judge inquires as to the propriety of submitting a letter supporting a privately-owned for-profit agency's bid to continue

Opinion 97-17

Mon, 07 Mar 2005 15:15:42 EST

Opinion: 97-17. March 13, 1997. Digest: A judge's law clerk may engage in fund-raising activities for a not-for-profit child care center and for the United Fund, provided the activities are not conducted on court property or during Rules: 22 NYCRR 100.3(C)2) 100.4(C)3)b)i) Opinions 95-51 (Vol. XIII) 90-102 (Vol. VII).

Opinion 97-18

Mon, 07 Mar 2005 15:15:42 EST

Opinion: 97-18. March 13, 1997. Digest: A judge, who had been defeated for re- election and was then appointed to fill a one-year unexpired term in the same court, and is now a candidate for election to the same judicial office, may not use campaign material that contains the word Rule: 22 NYCRR 100.5(A)4)d)iii).

Opinion 97-19

Mon, 07 Mar 2005 15:15:42 EST

Opinion: 97-19. March 13, 1997. Digest: A judge may join an organization comprised of persons in government service of a particular ethnic group and serve on its board of directors so long as the group does not invidiously discriminate.Rules: 22 NYCRR 100.2(D) 100.4(C)3)b)i) Opinion 96-19 (Vol. XIV).

Opinion 97-21

Mon, 07 Mar 2005 15:15:42 EST

Opinion: 97-21. March 13, 1997. Digest: A judge may participate as a member of a charity's Judicial Advisory Board, the purpose of which is to provide guidance on educational programs, but may not participate in the solicitation of funds.Rule: 22 NYCRR 100.4 (C)3)b) 100.4(C)3)b)i). A judge asks whether part

Opinion 97-22

Mon, 07 Mar 2005 15:15:42 EST

Opinion: 97-22. March 13, 1997. Digest: A judge may be a member of a local chapter of Zonta International, an organization involved in the improvement of the legal, political, economic, educational and professional status of women.Rules: 22 NYCRR 100.4(C)3) Opinions 90-129 (Vol. VI) 88-145 (Vol. III) 88-6

Opinion 97-24

Mon, 07 Mar 2005 15:15:43 EST

Opinion: 97-24. March 13, 1997. Digest: A part-time town justice may also serve as the village attorney for a village within the same town.Rules: 22 NYCRR 100.6(B)4) Opinions 93-33 (Vol. XI) 90-188 (Vol. VI). A part-time town justice asks whether that position is incompatible with that of village attorney wi

97-25_.pdf

Mon, 07 Mar 2005 15:15:43 EST

97-25 April25,1997 This is in response to your inquiry concerning the permissibility of certain political activiq following your re-election to judicial office on November 6,1996. The "Window Period" referred to in your letter extends to May 5, 1997, ie, six months following the election (22 NYCRR l

Opinion 97-26

Mon, 07 Mar 2005 15:15:43 EST

Opinion: 97-26. March 13, 1997. Digest: A judge may provide a cultural and ethnic organization of which the judge is a member, with the names of other judges as prospective members and may allow the use of the judge's name on membership invitations to otherRule: 22 NYCRR 100.2(C) 100.2(D) Opinions: 96-82, 96-19..

97-27_.pdf

Mon, 07 Mar 2005 15:15:44 EST

97-27 April25,1997 The Advisory Comrnit&ee on Judicial Ethics has considered your inquiry (97-29, concerning your proposal to write to the Surrogate’s Court, informing it that you are now a full-time judge and that, as a full-time judge, you may not take any further action regarding an estate of a f

Opinion 97-28

Mon, 07 Mar 2005 15:15:44 EST

Opinion: 97-28. March 13, 1997. Digest: A judge may serve as a trustee of a non-profit service organization and as board member of a magazine published by it, provided no personal solicitation of funds is involved and such service will not interfere with performance of the judge's official duties or involv

Opinion 97-29

Mon, 07 Mar 2005 15:15:44 EST

Opinion: 97-29. March 13, 1997. Digest: A part-time judge who is general counsel and secretary of the County Chamber of Commerce may attend a forum for prospective candidates for the office of County Executive which is sponsored by the County Chamber of Commerce, but may not attend a reception for state le

97-30_.pdf

Mon, 07 Mar 2005 15:15:44 EST

97-30 ApriI2,1997 In response to your inquiry (97-30) concerning the propriety of a judge’s association placing an advertisement in a bar association journal in connection with the bar association’s dinner-dance, the Committee declines to isme an opinion. Your inquiry was received by us on February

Opinion 97-31

Mon, 07 Mar 2005 15:15:44 EST

Opinion: 97-31. March 13, 1997. Digest: A judge may not attend functions hosted by a county legislator or the County Executive which are sponsored by the officials' political campaign committees.Rule: 22 NYCRR 100.5(A)1)c)e)g) Opinion 89-26 (Vol. III). A judge inquires as to whether the judge may atten

Opinion 97-32

Mon, 07 Mar 2005 15:15:45 EST

Opinion: 97-32. March 13, 1997. Digest: A judge is not required to prohibit the judge's law clerk, in the law clerk's campaign for judicial office, from listing in campaign literature, the law clerk's present and past employment on the staffs of three Supreme Court justices.

Opinion 97-33

Mon, 07 Mar 2005 15:15:45 EST

Opinion: 97-33. March 13, 1997. Digest: A part-time Town Justice who is also employed in a New York State Health Department cancer facility may serve as an elected steward and union officer at the facility and may discuss job-related issues with high-ranking State officials and members of the State legisla

97-34_.pdf

Mon, 07 Mar 2005 15:15:45 EST

97-34 May 1,1997 This is in response to your inquiry (97-34) in which you inquire as to the appropriate method for assigning counsel in criminal cases pursuant to Article 18-B of the County Law. The Advisory COmmiaee on Judicii Ethics is intended to provide gui&nce to judges and justices of the Unif

Opinion 97-35

Mon, 07 Mar 2005 15:15:45 EST

Opinion: 97-35. March 13, 1997. Digest: A judge may attend and deliver a presentation on a non-controversial substantive legal topic, at a political organization's meeting held within the Window Period following the judge's election.Rule: 22 NYCRR 100.0(Q) 100.3(B)8) 100.5(A)2)i) 100.5(A)4)d)ii).

Opinion 97-36

Mon, 07 Mar 2005 15:15:46 EST

Opinion: 97-36. March 13, 1997. Digest: A judge may not use official stationery in writing to the State Division of Transportation on a matter involving the judge's private interests.Rules: 22 NYCRR 100.2(C). A judge inquires whether he/she may write to the State Division of Transportation expressing support

Opinion 97-37

Mon, 07 Mar 2005 15:15:46 EST

Opinion: 97-37. March 13, 1997. Digest: A judge may not accept a prize from a merchandiser if acceptance of the prize allows a commercial enterprise to use the judge's name, voice, likeness or photograph to further the private interests of the commercial enterprise.Rules: 22 NYCRR 100.2(C) Matter of Wolfgang (Com.

Opinion 97-38

Mon, 07 Mar 2005 15:15:46 EST

Opinion: 97-38. May 8, 1997. Digest: A judge ordering the deposit of settlement funds of infants' claims pursuant to CPLR §1206, may direct such deposits to an authorized financial institution in which the judge and family members maintain accounts, provided that such deposits could not substantially af

Opinion 97-39

Mon, 07 Mar 2005 15:15:46 EST

Opinion: 97-39. May 8, 1997. Digest: A judge, whose fiancée is an assistant district attorney in the large, urban county where the judge sits, is not disqualified from presiding in criminal matters, provided there is no appearance by the fiancée before the judge and there has been no involvement by the

Opinion 97-40

Mon, 07 Mar 2005 15:15:47 EST

Opinion: 97-40. May 8, 1997. Digest: A part-time judge may not serve as a member of the New York State Motor Vehicle Theft and Insurance Fraud Prevention Demonstration Board.Rules: Exec. Law § 846-j; 846-l(2) 22 NYCRR 100.1, 100.2(A) Opinion 96-65 (Vol. XIV). A part-time judge asks if it is permissible to acc

Opinion 97-41

Mon, 07 Mar 2005 15:15:47 EST

Opinion: 97-41. May 8, 1997. Digest: A judge may attend a fund-raising event held on the judge's behalf, within the six-month Window Period following the general election that resulted in the judge's re-election.Rules: 22 NYCRR 100.0(Q) 100.5(A)2)i) Opinion 90-195 (Vol. VI). A recently re-elected jud

Opinion 97-42

Mon, 07 Mar 2005 15:15:47 EST

Opinion: 97-42. May 8, 1997. Digest:A part-time City Court Judge, may share law office space with a part-time county legislator.. Rules: 22 NYCRR 100.4 (A)1) 100.6(B)3) Opinion 89-93 (Vol. IV). A part-time City Court Judge inquires whether he/she may share office space with a part-time county legislator who also pract

Opinion 97-44

Mon, 07 Mar 2005 15:15:47 EST

Opinion: 97-44. May 8, 1997. Digest: A judge who is being paid money by an attorney in concluding a prior business arrangement between them must disclose that relationship and, subject to remittal, recuse himself or herself from presiding over cases in which the attorney appears for a period of two year

Opinion 97-45

Mon, 07 Mar 2005 15:15:47 EST

Opinion: 97-45. May 8, 1997. Digest: A prospective candidate for an anticipated vacancy in a judicial office may not allow the solicitation of funds or engage in other political campaign activity unless and until it is known that there will be a vacancy in the office sought.Rules: 22 NYCRR 100.0(A) 100.5(A)5).

97-46_.pdf

Mon, 07 Mar 2005 15:15:48 EST

97-46 June2,lW This is in response to your inquiry (97-46) in which you ask the Committee to reconsider Opinion 96-139, in which the Committee advised that under Section 100.6@3) of the Rules Governing Judicial Conduct it would not be permissible for your father, with whom you were in partnership un

Opinion 97-47

Mon, 07 Mar 2005 15:15:48 EST

Opinion 97-47. June 13, 1997. Digest: A town justice is prohibited from serving as an instructor for an organization that sponsors insurance and point reduction defensive driving programs, even if the programs are in counties other than the judge's county.Rules: 22 NYCRR 100.2; Opinion 96-37 (Vol. XIV). Opinion:.

Opinion 97-48

Mon, 07 Mar 2005 15:15:48 EST

Opinion: 97-48. May 8, 1997. Digest: A local Women in the Courts Committee and its Advisory Committee may not participate in public fund-raising in support of a child care center for litigants in the local courts.Rule: 22 NYCRR 100.4(C)3)b)iii)iv) Opinion 95-76 (Vol. XIII). A judge asks whether a lo

Opinion 97-49

Mon, 07 Mar 2005 15:15:48 EST

Opinion: 97-49. September 11, 1997. Digest: A part-time town court justice may serve as an associate to a Village Attorney for purposes of handling Article 78 proceedings and may attend Village Zoning Appeals and Planning Board meetings.Rule: 22 NYCRR 100.6(B)4) Opinion 90-14 (Vol. V). An elected Town Court jus

Opinion 97-51

Mon, 07 Mar 2005 15:15:49 EST

Opinion: 97-51. May 8, 1997. Digest: Based on the facts presented, a confidential secretary to a judge may ethically be permitted to work part-time for an attorney, provided that the attorney does not appear before the judge and the secretary performs no services in connection with any pending matter be

Opinion 97-53

Mon, 07 Mar 2005 15:15:49 EST

Opinion: 97-53. May 8, 1997. Digest: A part-time Town Justice may accept an appointment by the Town to serve as one of three arbitrators in a dispute with an employee.Rules: 22 NYCRR 100.6 (B)4). A part-time Town Justice inquires whether it would be a conflict of interest for the justice to acce

Opinion 97-54

Mon, 07 Mar 2005 15:15:49 EST

Opinion: 97-54. May 8, 1997. Digest: A Family Court judge may not be a member of an organization that seeks to ensure that all forms of reproductive health care, including legal abortions, are made accessible without government interference or coercion and that engages in lobbying and political activity

Opinion 97-55

Mon, 07 Mar 2005 15:15:49 EST

Opinion: 97-55. May 8, 1997. Digest: A part-time judge (1) must disqualify himself/herself in any proceeding which may involve a drug and alcohol evaluation and treatment center that accepts referrals from the court and is the lessee of a building co-owned by the judge. (2) need not disqualify himself/h

01-46.htm

Wed, 19 Jul 2006 18:42:19 EST

Opinion 01-46. August 22, 2001. This is in response to your inquiry (01-46) concerning (1) possible recusal in certain criminal or Family Court matters and (2) use of quotes from your thank you letter to the agency which ran your media campaign during your recent run for judicial office. The agency would l

Opinion 97-56

Mon, 07 Mar 2005 15:15:50 EST

Opinion: 97-56. May 8, 1997. Digest: A full-time judge may participate in a meeting of a non-profit foundation's research program on adolescent development and juvenile justice, and receive an honorarium.Rules: 22 NYCRR 100.3(B)8) 100.4(B)C)1)H)1). A full-time judge has been asked to participate in

Opinion 97-57

Mon, 07 Mar 2005 15:15:50 EST

Opinion: 97-57. May 8, 1997. Digest: A judge may remain a member of a non-partisan group which meets periodically to hear educational presentations on topics of public interest and which takes no position on such issues.Rules: 22 NYCRR 100.4(A)1)2) 100.5(A). Prior to becoming a Supreme Court Justice, and whi

Opinion 97-59

Mon, 07 Mar 2005 15:15:51 EST

Opinion: 97-59. May 8, 1997. Digest: A judge must disqualify himself/herself in any proceeding, including an arraignment, in which the judge's son is the arresting police officer. In the event of remittal of disqualification, the judge may preside, if the judge believes that impartiality can be maintained.

Opinion 97-60

Mon, 07 Mar 2005 15:15:51 EST

Opinion: 97-60. June 13, 1997. Digest: A part-time judge may not receive a fee for referred cases which originated in the judge's court, may not sit on cases which are presented by an associate of a co-justice and may not preside over matters in which the judge referred any of the litigants to the attorne

Opinion 97-61

Mon, 07 Mar 2005 15:15:51 EST

Opinion: 97-61. May 8, 1997. Digest: A newly-elected part-time judge should not mail announcements to clients of the judge's law firm informing them of the judge's election to judicial office, nor should the judge permit the law firm to mail announcements.Rules: 22 NYCRR 100.2(C). A newly-elected part-time

97-63_.pdf

Mon, 07 Mar 2005 15:15:52 EST

August 25,1997 9763 The Advisory Committee on Judicial Ethics, at its meeting of June 13, 1997. considered your inquiry (97-63) asking if you may accept a Community Leadership Award at a not-for -profit agency's annual dinner. in which the committee held that, subject to certain limitations, a judge

Opinion 97-64

Mon, 07 Mar 2005 15:15:52 EST

Opinion: 97-64. September 11, 1997. Digest: (1) A part-time village justice may serve as president of a local United Way organization, (2) A part-time lawyer-judge may write for the judge's law firm's quarterly publication sent to the firm's clients and friends provided that (a) there is no reference to the ju

Opinion 97-65

Mon, 07 Mar 2005 15:15:52 EST

Opinion: 97-65. June 13, 1997. Digest: (1) A judge may discuss with political party members and governmental officials the possibility of becoming a candidate for the nonjudicial office of Lieutenant Governor, but must resign upon becoming a candidate for such office. (2) A judge who is being considered a

Opinion 97-69

Mon, 07 Mar 2005 15:15:52 EST

Opinion: 97-69. June 13, 1997. Digest: A full-time law clerk to a Supreme Court Justice may be allowed to be a candidate in a city school board election and may serve as a compensated member of the board, so long as such service does not interfere with the law clerk's court responsibilities and permission

Opinion 97-70

Mon, 07 Mar 2005 15:15:52 EST

Opinion 97-70. June 13, 1997. Digest: A full-time City Court Judge may not serve as an officer or board member of a Legal Services for the Elderly organization.Rule: 22 NYCRR 100.4(C)3)a)i)ii) Opinion 88-130 (Vol. III). Opinion:. A full-time City Court Judge inquires whether the judge can serve as an off

Opinion 97-71

Mon, 07 Mar 2005 15:15:53 EST

Opinion: 97-71. September 11, 1997. Digest: A judge may write a letter on behalf of an organization which is concerned with the improvement of the law and the administration of justice, supporting that organization's efforts for funding from the New York State Division of Criminal Justice Services for the purp

Opinion 97-72

Mon, 07 Mar 2005 15:15:53 EST

Opinion: 97-72. June 13, 1997. Digest: A candidate for town justice who formerly held that elective position, may not state in campaign literature "Vote for Judge (name) or "Re-elect Judge (name)Rules: 22 NYCRR 100.5(A)4)a) Opinions 94-50 (Vol. XII) 97-18.. A former elected town justice is now a candidate f

Opinion 97-73

Mon, 07 Mar 2005 15:15:53 EST

Opinion 97-73. June 13, 1997. Digest: A part-time law clerk for a City Court may practice law in the County Court of the county in which the City Court is located but may not handle any case which was commenced in or otherwise involved the City Court.Rules: 22 NYCRR 25.40(d)e). Opinion:. A City Court Judge inquir

Opinion 97-74

Mon, 07 Mar 2005 15:15:53 EST

Opinion: 97-74. June 13, 1997. Digest: A judge's participation in a trip to China under a "Sister Cities" arrangement, as part of a delegation that may include the Mayor and City Council members does not constitute inappropriate political activity.Rules: 22 NYCRR 100.5.. The inquiring judge has b

Opinion 97-75

Mon, 07 Mar 2005 15:15:53 EST

Opinion 97-75. June 13, 1997. Digest: A judge, or other candidate for judicial office (1) may not circulate the petitions of any other candidates for elective public office unless the judge's name appears as a candidate on the petitions along with the other candidates and (2) may not circulate petitions

Opinion 97-76

Mon, 07 Mar 2005 15:15:54 EST

Opinion: 97-76. June 13, 1997. Digest: A pamphlet prepared by the County describing the work of the Surrogate's Court may be made available in the Courthouse and to the general public.Rules: 22 NYCRR 100.2(C) 100.3(B)8). A Surrogate's Court judge states that the County is preparing a brief pamph

97-78_.pdf

Mon, 07 Mar 2005 15:15:54 EST

Opinion 97-79

Mon, 07 Mar 2005 15:15:54 EST

Opinion: 97-79. September 11, 1997. Digest: A judge may be the guest of honor at the dinner of a high school from which the judge was graduated where the event is not a fund-raiser and it is not anticipated that there will be a differential between the cost of a ticket and the expenses incurred.

Opinion 97-80

Mon, 07 Mar 2005 15:15:55 EST

Opinion: 97-80. September 11, 1997. Digest: A judge who is a candidate for re-election should not participate in a campaign bank account maintained by a political organization, in which contributions received by the organization on behalf of the judge are mingled with contributions received on behalf of other

Opinion 97-81

Mon, 07 Mar 2005 15:15:55 EST

Opinion: 97-81. September 11, 1997. Digest: A judge may not sell advertising space in a program prepared in connection with a show produced by the Society for the Preservation and Encouragement of Barbershop Singing in America.Rules: 22 NYCRR 100.4(C)3)b)i). A judge, who is a member of the Society for the Pr

Opinion 97-82

Mon, 07 Mar 2005 15:15:55 EST

Opinion: 97-82. September 11, 1997. Digest: A Family Court judge in a large metropolitan county need not affirmatively disclose a spousal relationship where the judge's spouse is employed as an attorney for the Legal Aid Society in the same county, but should recuse himself/herself if the spouse has had any in

Opinion 97-83

Mon, 07 Mar 2005 15:15:56 EST

Opinion: 97-83. September 11, 1997. Digest: A judge who serves as the presiding judge of a County Drug Treatment Court may not serve as an officer or director or assist in the formation of a not-for-profit corporation or foundation, the sole purpose of which would be to solicit funds and services for the benef

Opinion 97-84

Mon, 07 Mar 2005 15:15:56 EST

Opinion: 97-84. October 16, 1997. Digest: A judge must make the determination whether conduct of another judge, including that of an Administrative Judge, constitutes a "substantial violation" of the Rules Governing Judicial Conduct.