http://www.nycourts.gov/judges/ New York State Unified Court System, Advisory Committee On Judicial Ethics, Ethics Opinions Thu, 03 Aug 2006 14:n23:00 EST ResourceCenter@courts.state.ny.us sgold@courts.state.ny.us http://nycourts.gov/global_images/photos/detailsreliefs/nystateseal_silo.jpg http://www.nycourts.gov/ea/XML/ASP_Transform/Sign_In.asp http://www.nycourts.gov/acoje/opinions/06-77.htm Opinion 06-77. June 9, 2006. Digest. An appellate judge may give a seminar on appellate practice to the staff attorneys of a public authority, to be held in the courtroom, subject to certain limitations.Rules. 22 NYCRR 100.3(B)8) 100.4(B) 05-12; 04-15; Joint Opinion 03-84/03-89.. An appellate judge has be... Fri, 20 Oct 2006 20:12:27 EST http://www.nycourts.gov/acoje/opinions/06-77.htm http://www.nycourts.gov/acoje/opinions/06-75.htm Opinion 06-75. June 9, 2006. Digest. The fact that a political party of which the judge is a member includes the judge’s name in a list of elected officials who are members of the party and intends to display the list on a 4th of July parade float, does not give rise to any ethical impropriety on the part of thRule. ... Fri, 20 Oct 2006 20:12:27 EST http://www.nycourts.gov/acoje/opinions/06-75.htm http://www.nycourts.gov/acoje/opinions/06-65.htm Opinion 06-65. June 8, 2006. Digest. A judge, who was involved in the preparation of a holiday display at a law office before assuming the bench, may continue to do so in the circumstances presented: the display preparation work uses volunteers with no fund-raising involved or donations accepted; there is no ch... Fri, 20 Oct 2006 20:12:27 EST http://www.nycourts.gov/acoje/opinions/06-65.htm http://www.nycourts.gov/acoje/opinions/06-63.htm Opinion 06-63. June 9, 2006. Digest. A part-time judge, who is permitted to practice law and who had a professional, ad hoc working relationship with an attorney who had been representing a client of the judge in a criminal matter, should disclose the relationship and recuse in matters involving that attorney f... Fri, 20 Oct 2006 20:12:27 EST http://www.nycourts.gov/acoje/opinions/06-63.htm http://www.nycourts.gov/acoje/opinions/06-29.htm Joint Opinion 06-19 and 06-29. June 9, 2006. Digest. A judge who filed an attorney disciplinary complaint against the county Public Defender which the Grievance Committee later dismissed should disclose the making of the complaint for a period of two years when the Public Defender appears before the ju... Fri, 20 Oct 2006 20:12:27 EST http://www.nycourts.gov/acoje/opinions/06-29.htm http://www.nycourts.gov/acoje/opinions/06-19.htm Joint Opinion 06-19 and 06-29. June 9, 2006. Digest. A judge who filed an attorney disciplinary complaint against the county Public Defender which the Grievance Committee later dismissed should disclose the making of the complaint for a period of two years when the Public Defender appears before the ju... Fri, 20 Oct 2006 20:12:26 EST http://www.nycourts.gov/acoje/opinions/06-19.htm http://www.nycourts.gov/acoje/opinions/06-119.htm Opinion 06-119. October 6, 2006. This is in response to your inquiry (06-119) in which you ask whether there is an appearance of impropriety should you preside in cases where the attorney for one of the parties before your court was a former running mate in a recent election. In our opinion, the fact that y... Fri, 20 Oct 2006 20:12:26 EST http://www.nycourts.gov/acoje/opinions/06-119.htm http://www.nycourts.gov/acoje/opinions/05-62.htm Opinion 05-62. October 27, 2005. Digest. 1) A judge should not attend functions sponsored by a domestic violence advocacy organization that focuses on providing court-related services solely on behalf of domestic violence victims. (2) In cases involving a domestic violence advocacy organization that focuses on prov... Fri, 20 Oct 2006 18:59:50 EST http://www.nycourts.gov/acoje/opinions/05-62.htm http://www.nycourts.gov/acoje/opinions/05-49.htm Opinion 05-49. June 9, 2005. Digest. A judge whose confidential secretary is in a personal relationship with an attorney may preside over the attorney’s or the firm’s cases only if upon disclosure there is consent by the parties and attorneys, and the secretary is insulated from such matters.Rule. ... Fri, 20 Oct 2006 18:53:49 EST http://www.nycourts.gov/acoje/opinions/05-49.htm http://www.nycourts.gov/acoje/opinions/01-64.htm 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-... Fri, 27 Oct 2006 19:53:27 EST http://www.nycourts.gov/acoje/opinions/01-64.htm http://www.nycourts.gov/acoje/opinions/88-145.htm 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... Mon, 30 Oct 2006 15:21:57 EST http://www.nycourts.gov/acoje/opinions/88-145.htm http://www.nycourts.gov/acoje/opinions/06-47.htm Opinion 06-47. April 29, 2006. Digest. A part-time judge may serve on an advisory committee of a Board of Fire Commissioners for a local fire district.Rules. 22 NYCRR 100.4(C)3) Opinion 90-03 (Vol. V). A part-time judge inquires whether he/she may serve on an advisory committee of Board of Fire Commis... Fri, 27 Oct 2006 17:13:09 EST http://www.nycourts.gov/acoje/opinions/06-47.htm http://www.nycourts.gov/acoje/opinions/06-13.htm Opinion 06-13. July 31, 2006. This is in response to your inquiry (06-13) in which you ask whether you have an obligation to report a positive drug test which was administered to a medical doctor who is a party to a divorce action in your court.This Committee previously has concluded that there is no ethical requiremen... Fri, 27 Oct 2006 17:13:09 EST http://www.nycourts.gov/acoje/opinions/06-13.htm http://www.nycourts.gov/acoje/opinions/06-108.htm Opinion 06-108. September 7, 2006. Digest. A judge should not serve as a member of a Domestic Violence Task Force that, among other things, seeks to promote “offender accountability.Rule:. 22 NYCRR 100.2(A) 100.4(A)1) 100.4(C)3) Opinions 99-31 (Vol. XVII) 96-96 (Vol. XV) 95-34 (Vol. XIII). A County Court judge inqu... Fri, 20 Oct 2006 20:12:26 EST http://www.nycourts.gov/acoje/opinions/06-108.htm http://www.nycourts.gov/acoje/opinions/06-95.htm Opinion 06-95. September 7, 2006. Digest. Recusal is not required solely because the Assistant District Attorney who appears before a judge is also affiliated with a law firm that represents the judge’s spouse in the pending matrimonial action between the judge and his/her spouse. The judge may continue to preside p... Mon, 13 Nov 2006 16:47:47 EST http://www.nycourts.gov/acoje/opinions/06-95.htm http://www.nycourts.gov/acoje/opinions/06-152.htm Opinion 06-152. October 19, 2006. Digest. 1) The Window Period for judges and non-judge candidates running in district-wide elections for Supreme Court justice in 2007 may commence nine months before the earliest of the following: (a) the date of formal nomination by primary or caucus; or (b) the date of the commenc... Tue, 24 Oct 2006 16:45:56 EST http://www.nycourts.gov/acoje/opinions/06-152.htm http://www.nycourts.gov/acoje/opinions/06-117.htm Opinion 06-117. September 7, 2006. Digest. 1) Judges may be honored, speak, and/or present awards at fund-raising events sponsored by the Historical Society of the Courts of the State of New York. (2) Judges may not personally participate in the solicitation of funds or other fund-raising activities on behalf of the ... Fri, 27 Oct 2006 17:54:35 EST http://www.nycourts.gov/acoje/opinions/06-117.htm http://www.nycourts.gov/acoje/opinions/06-83.htm Opinion 06-83. June 9, 2006. Digest. A judge who presides over an Integrated Domestic Violence Court should not serve on the advisory board of an organization that provides representation and serves as a courtroom advocate on behalf of alleged victims of domestic violence, nor should the judge send a staff memb... Fri, 27 Oct 2006 17:13:09 EST http://www.nycourts.gov/acoje/opinions/06-83.htm http://www.nycourts.gov/acoje/opinions/06-91.htm Opinion 06-91. June 9, 2006. Digest. Where the relationship between a lawyer-judge and the law firm in which he/she had been a partner is severed, there is no longer a basis for requiring another judge on the same court to disqualify that law firm.Rule. 22 NYCRR 100.6(B)3). The inquiring part-time l... Fri, 27 Oct 2006 17:13:10 EST http://www.nycourts.gov/acoje/opinions/06-91.htm http://www.nycourts.gov/acoje/opinions/06-99.htm Opinion 06-99. October 4, 2006. This is in response to your inquiry (06-99) in which you seek the Committee’s advice concerning an attorney who was a defendant in an attorney malpractice action in your courtroom. You stated that the jury returned a verdict against that attorney, which included punitive dam... Fri, 27 Oct 2006 17:13:10 EST http://www.nycourts.gov/acoje/opinions/06-99.htm http://www.nycourts.gov/acoje/opinions/06-93.htm Opinion 06-93. June 9, 2006. Digest. A full-time judge may speak at public hearings and write to elected officials about a proposed power line that will be located about one quarter mile from the judge’s house, as long as the judge expresses his/her views solely as a private citizen whose personal interests wil... Fri, 27 Oct 2006 17:54:37 EST http://www.nycourts.gov/acoje/opinions/06-93.htm http://www.nycourts.gov/acoje/opinions/06-85.htm Opinion 06-85. June 9, 2006. This is in response to your inquiry (06-85) asking whether the Rules Governing Judicial Conduct would prohibit you from writing a letter to [ ]in support of the [ ]s application for continued funding. You have stated that [ ]has appeared before you many times, that you have ... Mon, 30 Oct 2006 18:29:31 EST http://www.nycourts.gov/acoje/opinions/06-85.htm http://www.nycourts.gov/acoje/opinions/06-89.htm Opinion 06-89. June 9, 2006. This is in response to your inquiry (06-89) in which you ask whether there is any ethical issue presented in hiring the wife of an investigator for the [ ] Village Police as a part-time file clerk, to help your full-time clerks with their duties. You have stated that the par... Mon, 30 Oct 2006 18:29:34 EST http://www.nycourts.gov/acoje/opinions/06-89.htm http://www.nycourts.gov/acoje/opinions/06-64.htm Opinion 06-64. June 9, 2006. Digest. A recently elected part-time judge (1) may serve as a mediator with an agency unless the judge’s court has jurisdiction to refer cases to that agency; (2) may serve as a trustee of a local library that is organized as a private not-for-profit corporation, provided the positi... Thu, 02 Nov 2006 20:16:47 EST http://www.nycourts.gov/acoje/opinions/06-64.htm http://www.nycourts.gov/acoje/opinions/06-121.htm Opinion 06-121. September 7, 2006. Digest. A judge may serve as a member of a bar association’s Task Force on the Mandatory Retirement of Judges.Rules. 22 NYCRR 100.4(C)3) Opinions 04-129; 02-84; 98-133 (Vol. XVII) 95-42 (Vol. XIII) 88-100 (Vol. II). A judge asks whether he/she may serve on a bar ass... Mon, 13 Nov 2006 21:09:00 EST http://www.nycourts.gov/acoje/opinions/06-121.htm http://www.nycourts.gov/acoje/opinions/06-49.htm Opinion 06-49. April 27, 2006. Digest. A judge may participate in a mission to Israel which consists of a group of judges and is sponsored by a not-for-profit organization, and may accept reimbursement for the cost of participating, subject to any applicable reporting requirements set forth in the Rules Governing... Wed, 15 Nov 2006 18:15:07 EST http://www.nycourts.gov/acoje/opinions/06-49.htm http://www.nycourts.gov/acoje/opinions/06-116.htmOpinion 06-116. September 7, 2006. Digest. A full-time judge who had been appointed a guardian ad litem before assuming judicial office may not complete work on settlement papers that was begun before the judge took office, where, under the circumstances presented, such work would constitute 22 NYCRR 36.1(a)2) 36.2(c...Mon, 27 Nov 2006 20:51:18 ESThttp://www.nycourts.gov/acoje/opinions/06-116.htmhttp://www.nycourts.gov/acoje/opinions/06-105.htmOpinion 06-105. September 7, 2006. Digest. A judge who has authored a work of fiction may mention his or her employment as a judge in the materials and activities undertaken in the promotion of the book, provided that this promotion does not exploit the judge’s judicial position.Rule. ...Thu, 30 Nov 2006 17:30:20 ESThttp://www.nycourts.gov/acoje/opinions/06-105.htmhttp://www.nycourts.gov/acoje/opinions/06-98.htmOpinion 06-98. September 7, 2006. Digest. 1) A town justice is not precluded from serving in that office because his/her law partners are also part-time assistant district attorneys. (2) A town justice may serve as both town justice and assistant county attorney, provided that his or her duties as assistant county a...Fri, 01 Dec 2006 20:45:24 ESThttp://www.nycourts.gov/acoje/opinions/06-98.htmhttp://www.nycourts.gov/acoje/opinions/06-142.htmOPINION 06-142. November 3, 2006. This responds to your inquiry (06-142) as to the propriety of a letter your wife proposes to send to her friends, expressing her support and soliciting their support for a candidate for the United States Congress. The copy of the draft letter you provided refers to you by na...Fri, 01 Dec 2006 20:45:22 ESThttp://www.nycourts.gov/acoje/opinions/06-142.htmhttp://www.nycourts.gov/acoje/opinions/06-120.htmOpinion 06-120. September 7, 2006. Digest. A judge who presides over felony matters should not serve on a local committee that will ask the New York State legislature to mandate drug testing for all middle and high school students.Rules. 22 NYCRR 100.1; 100.2(A) 100.4(A)1) Opinion 01-64 (Vol. XX) 97-100 (Vol. XV...Fri, 01 Dec 2006 20:45:18 ESThttp://www.nycourts.gov/acoje/opinions/06-120.htmhttp://www.nycourts.gov/acoje/opinions/06-112.htmOpinion 06-112. September 7, 2006. Digest. A judge should not serve on a scholarship selection committee of the not-for-profit charitable arm of a trade association, where the trade association and its arm are likely to be perceived as a single entity promoting the association’s commercial aims.Rules. ...Tue, 05 Dec 2006 16:57:11 ESThttp://www.nycourts.gov/acoje/opinions/06-112.htmhttp://www.nycourts.gov/acoje/opinions/06-127.htmOpinion 06-127. October 19, 2006. Digest. Where the judge’s court attorney is residing as the guest of a couple, one of whom is an assistant district attorney, and the other a private attorney, the judge may not preside over matters in which either of the hosts appear, unless the judge discloses the relationship, ob...Tue, 26 Dec 2006 14:20:45 ESThttp://www.nycourts.gov/acoje/opinions/06-127.htmhttp://www.nycourts.gov/acoje/opinions/06-133.htmOpinion 06-133. October 19, 2006. This is in response to your inquiry (06-133) in which you ask whether, as chair of the board of a not-for-profit agency that provides health care services to people with [you may sign applications on behalf of the agency for state and federal funding grants.. Section 100.4(C)3)b)iii) ...Tue, 26 Dec 2006 14:20:47 ESThttp://www.nycourts.gov/acoje/opinions/06-133.htmhttp://www.nycourts.gov/acoje/opinions/06-135.htmOpinion 06-135. October 19, 2006. Digest. A full-time judge may acquire a limited partnership interest in an entity created to manage and invest the capital contributions of the general and limited partners, where the judge’s role, as a limited partner, is passive and restricted to making financial investment contri...Tue, 26 Dec 2006 14:20:49 ESThttp://www.nycourts.gov/acoje/opinions/06-135.htmhttp://www.nycourts.gov/acoje/opinions/06-143.htmOpinion 06-143. October 19, 2006. This is in response to your inquiry (06-143) concerning the propriety of accepting an award and speaking at a non-fund-raising event of a not-for-profit organization, and permitting your name to be used in connection with announcements of the event. You are being honored for...Tue, 26 Dec 2006 14:20:50 ESThttp://www.nycourts.gov/acoje/opinions/06-143.htmhttp://www.nycourts.gov/acoje/opinions/06-15.htmOpinion 06-15. March 9, 2006. Digest. A judge may teach a New York State Fire Police training course, subject to certain limitations.. Rules. 22 NYCRR 100.2(A) 100.3(B)8) 100.4(B) Opinions 98-73 (Vol. XVII) 96-44 (Vol. XIV) 95-121 (Vol. XIII). A judge inquires as to the propriety of teaching a New York State Fire Poli...Tue, 26 Dec 2006 14:20:52 ESThttp://www.nycourts.gov/acoje/opinions/06-15.htmhttp://www.nycourts.gov/acoje/opinions/06-97.htmOpinion 06-97. September 7, 2006. Digest. A judge of the court where a Judicial Hearing Officer (JHO) serves or is designated to serve is not disqualified when the JHO’s child appears as an attorney, unless that judge determines that he/she cannot remain impartial. (2) The partners and associates of a JHO are not pr...Tue, 26 Dec 2006 14:20:54 ESThttp://www.nycourts.gov/acoje/opinions/06-97.htmhttp://www.nycourts.gov/acoje/opinions/06-14.htmOpinion 06-14. March 9, 2006. Digest. 1) Assuming a judge feels that he or she can be impartial, and is willing to preside, the judge should disclose to the parties in a proceeding that an attorney appearing in the matter also represents the defendants in the civil action filed by the cooperative of which the ju...Thu, 28 Dec 2006 20:50:37 ESThttp://www.nycourts.gov/acoje/opinions/06-14.htmhttp://www.nycourts.gov/acoje/opinions/89-17.htmOpinion 89-17. February 24, 1989. Topic. Employee of New York State Department of Correctional Services pursuing candidacy for position of village judge.Digest. There is no. per. se. disqualification of a candidate for village justice who is employed by the State Department of CorreA candidate for village j...Tue, 02 Jan 2007 15:17:00 ESThttp://www.nycourts.gov/acoje/opinions/89-17.htmhttp://www.nycourts.gov/acoje/opinions/90-116.htmOpinion 90-116. September 18, 1990. Digest. A judge may serve as the trustee of a trust created by the “surrogate parent” of the judge’s spouse.. Rules. 22 NYCRR 100.5(d). A full-time judge inquires whether it is permissible to accept appointment as trustee of a trust created by the “surrogate fa...Mon, 22 Jan 2007 14:44:37 ESThttp://www.nycourts.gov/acoje/opinions/90-116.htmhttp://www.nycourts.gov/acoje/opinions/06-62.htmOpinion 06-62. April 27, 2006. Digest. A judge who sells his/her practice to another local lawyer must disclose the business relationship and recuse, subject to remittal, when the purchasing attorney appears before the judge. This disclosure and recusal requirement continues for two years following the receipt of...Tue, 23 Jan 2007 20:58:03 ESThttp://www.nycourts.gov/acoje/opinions/06-62.htmhttp://www.nycourts.gov/acoje/opinions/06-100.htmOpinion 06-100. October 5,2006. This is in response to your inquiry (06-100) in which you seek the Committee’s advice concerning an attorney whom you state made false allegations against you of unethical conduct in your private law practice.Section 100.3(D)2) of the Rules Governing Judicial Conduct states that “a] ...Wed, 10 Jan 2007 19:46:10 ESThttp://www.nycourts.gov/acoje/opinions/06-100.htmhttp://www.nycourts.gov/acoje/opinions/04-62.htmOpinion 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:. ...Tue, 16 Jan 2007 21:01:33 ESThttp://www.nycourts.gov/acoje/opinions/04-62.htmhttp://www.nycourts.gov/acoje/opinions/06-05.htmOpinion 06-05. January 26, 2006. This is in response to your inquiry (06-05) asking the Committee to clarify Opinion 05-62, which advises that a judge should not attend functions sponsored by a domestic violence advocacy organization that focuses on providing court-related services solely on behalf of domes...Wed, 10 Jan 2007 19:44:17 ESThttp://www.nycourts.gov/acoje/opinions/06-05.htmhttp://www.nycourts.gov/acoje/opinions/06-113.htmOpinion 06-113. September 7, 2006. Digest. A judge may not solicit volunteers to serve on the board of directors of a not-for-profit organization.Rules. 22 NYCRR 100.4(C)3)b)iv) Opinions 05-66; 98-119 (Vol. XVII). A judge inquires as to whether it is permissible to participate in an initiative sponsored by a comm...Wed, 10 Jan 2007 19:44:17 ESThttp://www.nycourts.gov/acoje/opinions/06-113.htmhttp://www.nycourts.gov/acoje/opinions/06-06.htmOpinion 06-06. March 9, 2006. Digest. A judge may publish a book about the small community where the judge resides, that will include the judge’s views about how the municipality can re-establish itself as stable, integrated and prosperous, but should not include any controversial discussion about the enforcemen...Thu, 18 Jan 2007 21:30:46 ESThttp://www.nycourts.gov/acoje/opinions/06-06.htmhttp://www.nycourts.gov/acoje/opinions/06-10.htmOpinion 06-10. March 9, 2006. Digest. 1) A judge may provide a letter of recommendation for a prospective law student that reflects the judge’s opinion of the applicant’s prior history or character. (2) A judge may serve as parliamentarian during the annual, statewide convention of a not-for-profit religious org...Thu, 18 Jan 2007 21:30:50 ESThttp://www.nycourts.gov/acoje/opinions/06-10.htmhttp://www.nycourts.gov/acoje/opinions/06-114.htmOpinion 06-114. September 7, 2006. Digest. 1) A judge may contribute to and participate as a walker in an annual walk to raise funds for a charitable organization dedicated to fighting a serious illness, but may not (a) solicit contributions from any individuals including friends, relatives, or attorneys; (b) solicit...Thu, 18 Jan 2007 21:30:53 ESThttp://www.nycourts.gov/acoje/opinions/06-114.htmhttp://www.nycourts.gov/acoje/opinions/06-12.htmOpinion 06-12. March 9, 2006. Digest. A judge is not required to disqualify him/herself in matters involving the district attorney, where the district attorney is the judge’s opponent in a judicial election and has threatened to file an ethics complaint against the judge, provided the judge believes he/she can r...Thu, 18 Jan 2007 21:30:56 ESThttp://www.nycourts.gov/acoje/opinions/06-12.htmhttp://www.nycourts.gov/acoje/opinions/06-122.htmOpinion 06-122. September 7, 2006. Digest. A judges’ association should not co-sponsor a forum, the subject of which is a recent Court of Appeals decision that may still be pending.Rules. 22 NYCRR 100.3(B)8) Opinion 98-101 (Vol. XVII). The inquiring judge is the president of a judges’ association which has bee...Thu, 18 Jan 2007 21:30:59 ESThttp://www.nycourts.gov/acoje/opinions/06-122.htmhttp://www.nycourts.gov/acoje/opinions/06-96.htmOpinion 06-96. September 7, 2006. Digest. Under the stated circumstances, a judge may attend the inauguration of a personal friend who was recently elected to a governmental position in a foreign country.Rules. 22 NYCRR 100.2(A) 100.4(A) 100.5(A)1)g) Opinion 98-12 (Vol. XVI). The inquiring Civil Court...Thu, 18 Jan 2007 21:31:06 ESThttp://www.nycourts.gov/acoje/opinions/06-96.htmhttp://www.nycourts.gov/acoje/opinions/06-145.htmOpinion 06-145. October 19, 2006. Digest. A full-time judge is permitted to represent him/herself in an automobile warranty arbitration proceeding and may solicit an affidavit from a mechanic to support the claim.Rules. 22 NYCRR 100.2(C) 100.4(G) Opinions 05-85; 99-114 (Vol. XVIII). A full-time judge inquire...Fri, 19 Jan 2007 15:40:11 ESThttp://www.nycourts.gov/acoje/opinions/06-145.htmhttp://www.nycourts.gov/acoje/opinions/06-92.htmOpinion 06-92. September 7, 2006. Digest. 1) A part-time judge, who is also a court reporter, should disqualify him/herself in any cases pending before the judge, where one of the attorneys has employed the judge as a court reporter within the last two years, or where one of the attorneys involved in the matter is s...Mon, 22 Jan 2007 15:38:43 ESThttp://www.nycourts.gov/acoje/opinions/06-92.htmhttp://www.nycourts.gov/acoje/opinions/06-155.htmOpinion 06-155. December 7, 2006. Digest. A full-time judge may not serve as an additional signatory on his/her sibling’s law office escrow account, nor as an attorney in fact to settle the sibling’s law office affairs in the event of the sibling’s death.Rules. ...Tue, 13 Feb 2007 16:43:08 ESThttp://www.nycourts.gov/acoje/opinions/06-155.htmhttp://www.nycourts.gov/acoje/opinions/06-149.htmOpinion 06-149. October 19, 2006. Digest. Under the circumstances presented, the social relationship between the judge. and an attorney is sufficiently close as to require recusal in matters in which the attorney appears. Such recusal is subject to remittal unless a party is self-represented, in which event remittal is...Tue, 13 Feb 2007 16:58:29 ESThttp://www.nycourts.gov/acoje/opinions/06-149.htmhttp://www.nycourts.gov/acoje/opinions/06-169.htmOpinion 06-169. December 7, 2006. Digest. Under the circumstances, where. a judge has been asked by the District Attorney’s office to cooperate in a criminal investigation of a post-nuptial agreement which is the subject of a divorce proceeding before the judge, the judge should exercise recusal.Rules:. ...Tue, 13 Feb 2007 17:08:25 ESThttp://www.nycourts.gov/acoje/opinions/06-169.htmhttp://www.nycourts.gov/acoje/opinions/06-156.htmOpinion 06-156. This is in response to your inquiry (06-156) concerning the propriety of writing general character reference letters on behalf of family members, friends and neighbors.A judge must avoid impropriety and the appearance of impropriety in all of the judge’s activities. 22 NYCRR 100.2. In particu...Fri, 16 Feb 2007 16:31:21 ESThttp://www.nycourts.gov/acoje/opinions/06-156.htmhttp://www.nycourts.gov/acoje/opinions/06-136.htmOpinion 06-136. November 17, 2006. This is in response to your inquiry (06-136) as to the propriety of a practicing attorney appearing in the town court when the attorney is also a member of the Town Board.In Joint Opinion 88-17(b)88-34 (Vol. II) this Committee advised that a town justice should not presi...Thu, 01 Mar 2007 16:38:57 ESThttp://www.nycourts.gov/acoje/opinions/06-136.htmhttp://www.nycourts.gov/acoje/opinions/07-25.htmOpinion 07-25. February 22, 2007. Digest. On the facts, as presented, a judge should not exercise recusal where a State Legislator or a member of his/ her law firm appears as attorney in a case before the judge on the ground that there is a long standing issue of judicial salary increases presently before the Legisl...Thu, 08 Mar 2007 15:41:36 ESThttp://www.nycourts.gov/acoje/opinions/07-25.htmhttp://www.nycourts.gov/acoje/opinions/06-125.htmOpinion 06-125. October 19, 2006. Digest. On the facts presented, it is permissible for a town justice to hire as court clerk an individual who also will be employed as a clerk with the probation department in the same county in which the town justice presides.Rules. ...Thu, 08 Mar 2007 16:23:51 ESThttp://www.nycourts.gov/acoje/opinions/06-125.htmhttp://www.nycourts.gov/acoje/opinions/06-163.htmOpinion 06-163. December 7, 2006. Digest:. The spouse of a village police investigator may serve as full-time village court clerk provided that the clerk is insulated from any case in which the spouse is involved.Rules. 22 NYCRR 100.2; Opinions 06-89; 00-123 (Vol. XIX). Two part-time justices se...Thu, 08 Mar 2007 16:15:54 ESThttp://www.nycourts.gov/acoje/opinions/06-163.htmhttp://www.nycourts.gov/acoje/opinions/06-171.htmOpinion 06-171. March 5, 2007. Digest. Judges may accept a bar association membership that is offered free to the judiciary.. Rules. 22 NYCRR 50.1(I)C) Part 100, Preamble; 100.4(C)3) 100.4(D)5)e) Opinions 03-01; 98-149 (Vol. XVII) 98-50 (Vol. XVI)An administrative judge seeks the Committee’s advi...Thu, 08 Mar 2007 16:23:57 ESThttp://www.nycourts.gov/acoje/opinions/06-171.htmhttp://www.nycourts.gov/acoje/opinions/06-161.htmOpinion 06-161. December 7, 2006. Digest. A part-time town justice may also hold the position of part-time City Court judge, if there are no conflicting duties or legal barriers to such service.Rules. 22 NYCRR 100.6(B)4) Opinion 91-133 (Vol. XII). ...Thu, 08 Mar 2007 21:14:36 ESThttp://www.nycourts.gov/acoje/opinions/06-161.htmhttp://www.nycourts.gov/acoje/opinions/07-13.htmOpinion 07-13. January 25, 2007. Digest. A Judicial Hearing Officer (JHO) may not serve as a private arbitrator in a pending action commenced in the court where he/she has been designated to serve as JHO.Rules. Judiciary Law, Art. 22; 22 NYCRR 100.1; 100.2; ; 100.3(E)1) 100.4(A)3) 100.6(A) 122.11; Opinions 06-...Thu, 08 Mar 2007 21:14:38 ESThttp://www.nycourts.gov/acoje/opinions/07-13.htmhttp://www.nycourts.gov/acoje/opinions/opinion 01-81.htmOpinion 01-81. November 8, 2001. This is in response to your inquiry (01-81) concerning the disposition of unused campaign funds arising out of your recent candidacy for judicial office. As explained in your letter, you terminated your candidacy shortly before "petition time, having decided not to run in the primary....Mon, 12 Mar 2007 21:52:05 ESThttp://www.nycourts.gov/acoje/opinions/opinion 01-81.htmhttp://www.nycourts.gov/acoje/opinions/01-81.htmOpinion 01-81. November 8, 2001. This is in response to your inquiry (01-81) concerning the disposition of unused campaign funds arising out of your recent candidacy for judicial office. As explained in your letter, you terminated your candidacy shortly before "petition time, having decided not to run in the primary....Mon, 12 Mar 2007 21:53:51 ESThttp://www.nycourts.gov/acoje/opinions/01-81.htmhttp://www.nycourts.gov/acoje/opinions/93-18.htmOVERRULED BY OPINION 05-14. Opinion 93-18. January 28, 1993. Digest. 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 NYCRR 100.5(h). A judicial hearing officer (JHO) inquires whether a JHO may run for village...Fri, 16 Mar 2007 19:53:33 ESThttp://www.nycourts.gov/acoje/opinions/93-18.htmhttp://www.nycourts.gov/acoje/opinions/06-140.htmOpinion 06-140. October 19, 2006. Digest. A judge who is seeking an advanced degree may submit scholarly writings for academic credit, but he/she must avoid commenting on pending or impending cases or indicating how he/she would decide any particular case or class of cases.Rules. ...Thu, 29 Mar 2007 15:28:45 ESThttp://www.nycourts.gov/acoje/opinions/06-140.htmhttp://www.nycourts.gov/acoje/opinions/07-02.htmOpinion 07-02. January 25, 2007. Digest. A Family Court Judge should not serve on the board of directors of a non-profit organization that provides therapeutic visitation services to parents who may be referred to the agency, directly or indirectly, by the Family Court.Rules. 22 NYCRR 100.2; 100.4(A)1...Thu, 29 Mar 2007 15:23:50 ESThttp://www.nycourts.gov/acoje/opinions/07-02.htmhttp://www.nycourts.gov/acoje/opinions/07-09.htmOpinion 07-09. January 25, 2007. Digest. A judge who is currently a candidate for judicial office may not be the speaker or guest of honor at a fund-raising event sponsored by a political organization, but he/she may attend the event, be introduced as a judicial candidate, and briefly acknowledge the introduction....Thu, 29 Mar 2007 15:23:54 ESThttp://www.nycourts.gov/acoje/opinions/07-09.htmhttp://www.nycourts.gov/acoje/opinions/07-05.htmOpinion 07-05. January 25, 2007. Digest. 1) A newly elected full-time judge may continue to place newspaper advertisements in recognition of national holidays and other events, but such advertisementsshould not resemble those placed by the judge’s former law office. (2) The judge should not place ra...Fri, 06 Apr 2007 15:26:32 ESThttp://www.nycourts.gov/acoje/opinions/07-05.htmhttp://www.nycourts.gov/acoje/opinions/07-07.htmOpinion 07-07. April 5, 2007. This is in response to your inquiry (07-07) in which you seek guidance concerning (1) outside employment while serving as a full-time judge, (2) the contents of “situations wanted” advertisements to be placed when contemplating leaving the bench, and (3) the ethical implicat...Fri, 06 Apr 2007 15:27:43 ESThttp://www.nycourts.gov/acoje/opinions/07-07.htmhttp://www.nycourts.gov/acoje/opinions/05-141.htmOpinion: 05-141. January 26, 2006. Digest. A part-time town justice should not continue service as co-chair of the town's Comprehensive Plan Committee, in light of the fact that (1) its mission includes recommending revisions to the town’s zoning code, and (2) there is a substantial likelihood that the committee will...Wed, 11 Apr 2007 20:30:14 ESThttp://www.nycourts.gov/acoje/opinions/05-141.htmhttp://www.nycourts.gov/acoje/opinions/06-60.htmOpinion 06-60. April 27, 2006. Digest. A judge who learned of a defendant’s prior activities through the judge’s past employment as a peace officer need not exercise recusal in an unrelated matter currently pending before the judge involvi70 NY2d 403 (1987) Opinions 99-168 (Vol. XVIII) 91-73 (Vol. VIII). ...Tue, 24 Apr 2007 21:28:23 ESThttp://www.nycourts.gov/acoje/opinions/06-60.htmhttp://www.nycourts.gov/acoje/opinions/07-18.htmOpinion 07-18. February 22, 2007. Digest. Under the circumstances, a Court Attorney-Referee who is a party in a civil litigation should not voluntarily disclose his/her status as such to the Judicial Hearing Officer (JHO” presiding, and should advise his/her attorney -spouse not to do so, unless relevant, related, o...Tue, 24 Apr 2007 16:43:52 ESThttp://www.nycourts.gov/acoje/opinions/07-18.htmhttp://www.nycourts.gov/acoje/opinions/06-41.htmOpinion 06-41. March 9, 2006. Digest. A part-time village justice who practices law may not erect a sign on the facade of the judge’s law office advertising that he/she is a “Justice of the Peace, authorized to solemnize marriages.Rules. 22 NYCRR 100.2(C) Opinions 05-18; 03-34.. A part-time village justi...Thu, 26 Apr 2007 14:45:13 ESThttp://www.nycourts.gov/acoje/opinions/06-41.htmhttp://www.nycourts.gov/acoje/opinions/94-23(a).htmOpinion 94-23(a). Supplementing 94-23. April 28, 1994. Digest. A board of judges as a party in a lawsuit and appearing as an institutional body may be represented on a pro bono basis.Rules. 22 NYCRR 100.5(3). In Opinion 94-23 (Vol. XIII) the Committee deferred for subsequent consideration the matter of the p...Thu, 26 Apr 2007 15:25:37 ESThttp://www.nycourts.gov/acoje/opinions/94-23(a).htmhttp://www.nycourts.gov/acoje/opinions/07-19.htmOpinion 07-19. February 22, 2007. Digest. A judge should not help to promote a program for at-risk youth, where his/her court is empowered to refer parties to the program, and where promoting it involves soliciting volunteers.Rules. 22 NYCRR 100.2; 100.4(A) 100.4(c)3)b)iv) Opinions 06-113; 06-64; 02-91; 00-...Thu, 26 Apr 2007 16:42:14 ESThttp://www.nycourts.gov/acoje/opinions/07-19.htmhttp://www.nycourts.gov/acoje/opinions/06-154 and 06-167.htmJoint Opinion 06-154 and 06-167. January 25, 2007. Digest. Judges should not participate in regularly-scheduled meetings with the representatives of a government agency, which represents the interests of children and families, where the meetings involve discussion of substantive and procedural legal issues a...Thu, 26 Apr 2007 16:43:24 ESThttp://www.nycourts.gov/acoje/opinions/06-154 and 06-167.htmhttp://www.nycourts.gov/acoje/opinions/06-150.htmOpinion 06-150. May 2, 2007. This responds to your inquiry (06-150) regarding your obligation to report the misconduct of an attorney during a proceeding involving the Chief of Police, over which you presided as a hearing officer for a municipality under the Civil Service Law. You ask whether you are ob...Fri, 04 May 2007 20:40:21 ESThttp://www.nycourts.gov/acoje/opinions/06-150.htmhttp://www.nycourts.gov/acoje/opinions/06-176.htmOpinion 06-176. January 25, 2007. Digest. A judge may purchase space in a local newspaper for greetings to the public on holidays or other special occasions, provided that the content of the messageis consistent with the dignity of judicial office.. Rules. 22 NYCRR 100.4; 100.5(A)2)ii). ...Mon, 07 May 2007 16:13:44 ESThttp://www.nycourts.gov/acoje/opinions/06-176.htmhttp://www.nycourts.gov/acoje/opinions/06-126.htmPlease note that this Opinion has been clarified by Opinion 07-15.. Opinion 06-126. October 19, 2006. Digest. Judges of an appellate court may participate in a “brown bag” lunch series with members of a local bar association, to discuss general issues of law and appellate practice, as long as pending or impen...Thu, 10 May 2007 20:08:33 ESThttp://www.nycourts.gov/acoje/opinions/06-126.htmhttp://www.nycourts.gov/acoje/opinions/07-15.htmOpinion 07-15. January 25, 2007. Digest. Subject to certain conditions, trial and appellate court judges may host “brown bag luncheons” to discuss issues of law and practice with members of the bar, and may include attorneys employed by organizations with cases regularly pending before the courts.Rules. ...Thu, 10 May 2007 19:58:18 ESThttp://www.nycourts.gov/acoje/opinions/07-15.htmhttp://www.nycourts.gov/acoje/opinions/06-177.htmOpinion 06-177. January 25, 2006. Digest. A judge need not disclose or recuse when the spouse of the judge’s spouse’s law firm’s associate (or another member of that individual’s law firm) appears before the judge,unless the judge personally doubts his/her ability to be impartial.. Rules. ...Thu, 24 May 2007 18:34:48 ESThttp://www.nycourts.gov/acoje/opinions/06-177.htmhttp://www.nycourts.gov/acoje/opinions/07-06.htmOpinion 07-06. May 23, 2007. Digest. A judge need not disclose nor exercise recusal when any staff member of the District Attorney, who is the judge’s first cousin once removed, appears before the judge.Rules. 22 NYCRR 100.3(E)1)e) Opinion 92-66 (Vol. IX). The adopted child of a judge’s first cousin has be...Thu, 24 May 2007 17:53:40 ESThttp://www.nycourts.gov/acoje/opinions/07-06.htmhttp://www.nycourts.gov/acoje/opinions/07-55.htmOpinion 07-55. May 23, 2007. This responds to your inquiry as to the propriety of commencing each court session by asking litigants to disclose whether they are a current or former client of the partners or associates of your law firm. You express concern because your law firm has represented numerous c...Thu, 24 May 2007 17:53:46 ESThttp://www.nycourts.gov/acoje/opinions/07-55.htmhttp://www.nycourts.gov/acoje/opinions/07-57.htmOpinion 07-57. May 23, 2007. This responds to your inquiry (07-57) about whether you are obliged to report “questionable behavior” of an attorney appearing in a case over which you presided.The Rules Governing Judicial Conduct state that “a] judge who receives information indicating a substantial likelihood that a...Thu, 24 May 2007 17:53:49 ESThttp://www.nycourts.gov/acoje/opinions/07-57.htmhttp://www.nycourts.gov/acoje/opinions/07-17.htmOpinion 07-17. April 19, 2007. Digest. A judge may participate in a charity’s fund-raising walk, including serving on its planning committee, subject to certain limitations and restrictions regarding the nature and extent of such participation.Rules. 22 NYCRR 100.4(C)3)b)i) (iv) Opinions 06-114; 06-7...Thu, 24 May 2007 19:58:13 ESThttp://www.nycourts.gov/acoje/opinions/07-17.htmhttp://www.nycourts.gov/acoje/opinions/07-30.htmOpinion 07-30. April 19, 2007. Digest. A judge must disqualify him/herself in any matter in which the judge participated in any way, personally or in a supervisory capacity, while serving as an Assistant Corporation Counsel prior to becomi22 NYCRR 100.3(E)1)b)i) 100.3(F) Opinions 99-11 (XVII) 97-08 (Vol. XV). ...Thu, 24 May 2007 19:58:16 ESThttp://www.nycourts.gov/acoje/opinions/07-30.htmhttp://www.nycourts.gov/acoje/opinions/07-46.htmOpinion 07-46. April 19, 2007. Digest. A County Court judge who also presides over Surrogate’s matters should not serve on the board of directors of an organization which provides services to mentally and physically challenged persons in the community, where the organization will be engaged in proceedings that or...Thu, 24 May 2007 22:20:54 ESThttp://www.nycourts.gov/acoje/opinions/07-46.htmhttp://www.nycourts.gov/acoje/opinions/06-148.htmOpinion 06-148. April 19, 2007. Digest. A part-time City Court Judge may share private law office space with an attorney who is a part-time Assistant Public Defender and part-time Assistant City Attorney, and may continue to preside over cases handled by other Assistant Public Defenders and other Assistant City At...Thu, 24 May 2007 20:27:51 ESThttp://www.nycourts.gov/acoje/opinions/06-148.htmhttp://www.nycourts.gov/acoje/opinions/07-14.htmOpinion 07-14. April 19, 2007. Digest. 1) A part-time judge’s recent “of counsel” relationship and present law office-sharing arrangement require the judge and those on his/her court to disallow a part-time Assistant District Attorney and any other former associate, sharing office space with the judge, from appea...Thu, 24 May 2007 20:27:57 ESThttp://www.nycourts.gov/acoje/opinions/07-14.htmhttp://www.nycourts.gov/acoje/opinions/07-52.htmOpinion 07-52. April 19, 2007. Digest. A judge should not serve on the crime-prevention subcommittee of a city program designed to revitalize crime-ridden neighborhoods when, under the circumstances presented, the program as a whole could be perceived as a law-enforcement program, and could also result in cases w...Thu, 24 May 2007 20:28:10 ESThttp://www.nycourts.gov/acoje/opinions/07-52.htmhttp://www.nycourts.gov/acoje/opinions/07-37.htmOpinion 07-37. April 19, 2007. Digest. A judge may write a chapter for a book on prosecutorial ethics, published by a nationwide organization of prosecutors and available for purchase by all members of the Bar and the general public, provided the judge abides by certain caveats.Rules. 22 NYCRR 100.3(B)8) 100.4...Thu, 24 May 2007 20:28:13 ESThttp://www.nycourts.gov/acoje/opinions/07-37.htmhttp://www.nycourts.gov/acoje/opinions/07-54.htmOpinion 07-54. May 17, 2007. This responds to your inquiry (07-54) about the propriety of the partners or associates of other part-time attorney-judges who sit in other courts, appearing before your court.Section 100.6(B)3) of the Rules Governing Judicial Conduct states that a part-time judge who is perm...Thu, 24 May 2007 20:28:25 ESThttp://www.nycourts.gov/acoje/opinions/07-54.htmhttp://www.nycourts.gov/acoje/opinions/06-183.htmOpinion 06-183. April 19, 2007. Digest. 1) A judge should not attend nor should the judge be present during any fund-raising or post-fund-raising political activity hosted by the judge’s child/candidate in the child’s “distinct living areas” in the joint residence. The judge need not vacate the joint residence for...Thu, 24 May 2007 20:34:59 ESThttp://www.nycourts.gov/acoje/opinions/06-183.htmhttp://www.nycourts.gov/acoje/opinions/06-172.htmOpinion 06-172. December 7, 2006. Digest. A Court Attorney-Referee may attend an ordinary holiday dinner party as a guest of the host attorney who regularly appears in the court. He/she may, alternatively, elect to pay for the meal.Rules:. 22 NYCRR Part 50; Parts 100.1; 100.2(A) (B) 100.3(B)8) 100.4(D)5)h) 100.4(H...Thu, 24 May 2007 21:03:55 ESThttp://www.nycourts.gov/acoje/opinions/06-172.htmhttp://www.nycourts.gov/acoje/opinions/06-170.htmOpinion 06-170. December 7, 2006. Digest. A judge may attend a holiday party sponsored by local law enforcement agencies, provided the judge avoids any actions that may be perceived to advance the private interests of the organization, or of individuals attending, or which may otherwise create an appearance of impro...Fri, 25 May 2007 16:20:55 ESThttp://www.nycourts.gov/acoje/opinions/06-170.htmhttp://www.nycourts.gov/acoje/opinions/06-24.htmOpinion 06-24. March 9, 2006. Digest: Where it is evident that an attorney has either altered a notarized document or knowingly submitted an altered document to the court, whether to report the attorney’s apparent misconduct to the appropriate disciplinary committee is within the judge’s discretion....Mon, 04 Jun 2007 17:42:40 ESThttp://www.nycourts.gov/acoje/opinions/06-24.htmhttp://www.nycourts.gov/acoje/opinions/04-06.htmMODIFIED BY OPINION 06-162. Opinion 04-06. January 29, 2004. Digest: A judge 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 judRules: Election Law secti...Mon, 04 Jun 2007 22:58:50 ESThttp://www.nycourts.gov/acoje/opinions/04-06.htmhttp://www.nycourts.gov/acoje/opinions/06-174.htmOpinion 06-174. January 25, 2006. Digest: Whether a judge may order defendants to provide DNA specimens in cases not specified by a statute mandating the submission of DNA specimens for certain specified offenses, is a question of law outside the authority of this Committee to address....Mon, 04 Jun 2007 17:48:34 ESThttp://www.nycourts.gov/acoje/opinions/06-174.htmhttp://www.nycourts.gov/acoje/opinions/06-165.htmOpinion 06-165. December 7, 2006. Digest: A judge may serve as a member of the Advisory Board of the National Center for Judicial Security.Rules: 22 NYCRR 100.4(C)3) Opinions 06-121; 05-155; 90-25 (Vol. V). Opinion:. A Court of Claims Judge inquires whether it is ethically permissible for him/her to serve, without c...Mon, 04 Jun 2007 17:53:32 ESThttp://www.nycourts.gov/acoje/opinions/06-165.htmhttp://www.nycourts.gov/acoje/opinions/02-27.htmOVERRULED BY OPINION 06-162. 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...Mon, 04 Jun 2007 17:29:38 ESThttp://www.nycourts.gov/acoje/opinions/02-27.htmhttp://www.nycourts.gov/acoje/opinions/06-178.htmOpinion 06-178. January 25, 2007. Digest: A judge should not serve on a mayoral committee that would recruit and recommend individuals for appointment as City Marshals.Rules: 22 NYCRR 100.1; 100.2; 100.4(C)2)a) Opinions 06-120; 99-100 (Vol.. XVIII) 95-144 (Vol. XIII) 94-37 (Vol. XII) 90-63 (Vol. V) O’Day v. Yeager, ...Mon, 04 Jun 2007 18:53:01 ESThttp://www.nycourts.gov/acoje/opinions/06-178.htmhttp://www.nycourts.gov/acoje/opinions/06-157.htmOpinion 06-157. December 7, 2006. Digest: A part-time judge may not serve as counsel to the Minority Conference of a county legislature.Rules: 22 NYCRR 100.5(A)1) 100.6(B)4) Opinions 99-74 (Vol. XVIII) 97-86 (Vol. XVI) 94-10 (Vol. XII). Opinion:. A part-time lawyer-judge asks whether he/she may s...Mon, 04 Jun 2007 18:58:02 ESThttp://www.nycourts.gov/acoje/opinions/06-157.htmhttp://www.nycourts.gov/acoje/opinions/06-50.htmOpinion 06-50. April 27, 2006. Digest: (1) A county Magistrates’ Association may donate funds to a not-for-profit organization, provided the contribution is not political or otherwise improper. (2) The Association may hire a public relations firm to help improve the public’s perception of the judiciary an...Tue, 05 Jun 2007 14:45:38 ESThttp://www.nycourts.gov/acoje/opinions/06-50.htmhttp://www.nycourts.gov/acoje/opinions/05-38.htmOpinion 05-38. April 20, 2005. Digest: A Supreme Court Justice’s Principal Law Clerk may run for and serve on the County Legislature, provided that (i) during the campaign and during the law clerk’s term of office, in cases where the County is involved, the judge discloses on the record the law clerk’s du...Tue, 05 Jun 2007 22:04:19 ESThttp://www.nycourts.gov/acoje/opinions/05-38.htmhttp://www.nycourts.gov/acoje/opinions/06-01.htmOpinion 06-01. March 9, 2006. Digest: The court bailiff of a town court should not serve on the town board.. Rule: Town Law §27,69; 22 NYCRR 100.1; 100.3(C)2) Opinions 98-59 (Vol. XVI) 96-133 (Vol. XV) 96-64 (Vol. XIV) 94-96 (Vol. XII) 91-63 (Vol. VII)Opinion:. The two town justices of a town court inform the C...Tue, 05 Jun 2007 22:21:14 ESThttp://www.nycourts.gov/acoje/opinions/06-01.htmhttp://www.nycourts.gov/acoje/opinions/06-101.htmOpinion 06-101. May 30, 2007. This letter responds to your inquiry about whether you may accompany, and act as parental representative for, your minor son to a hearing of the Transit Adjudication Bureau. The hearing concerns a summons he received for allegedly violating 21 NYCRR 1050.7(j) regarding occup...Tue, 05 Jun 2007 22:21:17 ESThttp://www.nycourts.gov/acoje/opinions/06-101.htmhttp://www.nycourts.gov/acoje/opinions/06-137.htmOpinion 06-137. January 25, 2007. Digest: A full-time judge may not serve on the advisory board of a County Youth Board whose purpose is not related to the improvement of the law, the legal system or the administration of justice.Rules: 22 NYCRR 100.4(C)2)a) 100.4(C)3)a)i) (ii) 100.6(B)1) Opinions 05-155...Tue, 05 Jun 2007 22:21:19 ESThttp://www.nycourts.gov/acoje/opinions/06-137.htmhttp://www.nycourts.gov/acoje/opinions/06-141.htmOpinion 06-141. December 7, 2006. Digest: A full-time judge may be a member of a musicians’ union and may accept compensation as a union member for musical performances, as long as the band itself is not a business enterprise and the judge’s involvement is not publicized.Rules: 22 NYCRR 100.4(A) ...Tue, 05 Jun 2007 22:21:22 ESThttp://www.nycourts.gov/acoje/opinions/06-141.htmhttp://www.nycourts.gov/acoje/opinions/07-03.htmOpinion 07-03. May 30, 2007. This responds to your inquiry (07-03) about whether you may serve as an Honorary Chair of the 30th Anniversary Gala of the Association of Black Women Attorneys. You have stated that the gala is a fund-raising event for the Association’s scholarship endowment. As Honorary Cha...Tue, 05 Jun 2007 22:27:00 ESThttp://www.nycourts.gov/acoje/opinions/07-03.htmhttp://www.nycourts.gov/acoje/opinions/07-68.htmOpinion 07-68. May 30, 2007. This responds to your inquiry about whether members of the New York Association of Women Judges (Association) may lend their support to a bill in the New York State Legislature. The bill would require New York State to suspend Medicaid for people entering prison and jail wit...Tue, 05 Jun 2007 22:30:50 ESThttp://www.nycourts.gov/acoje/opinions/07-68.htmhttp://www.nycourts.gov/acoje/opinions/07-10.htmOpinion 07-10. January 25, 2007. Digest: A judge who previously served as a high-ranking executive branch official should recuse from any proceedings encompassing matters with which he/she had direct involvement while an executive branch official. The judge need not recuse from any other proceedings involvi...Tue, 05 Jun 2007 22:33:08 ESThttp://www.nycourts.gov/acoje/opinions/07-10.htmhttp://www.nycourts.gov/acoje/opinions/07-48.htmJoint Opinion 07-39 and 07-48. April 19, 2007. Digest: (1) The fact that an attorney in a matter before a judge also represents a not-for-profit organization on whose Board of Trustees the judge sits, in a lawsuit before a different judge, does not render the judge disqualified in the matter befo...Tue, 05 Jun 2007 22:38:18 ESThttp://www.nycourts.gov/acoje/opinions/07-48.htmhttp://www.nycourts.gov/acoje/opinions/07-39.htmJoint Opinion 07-39 and 07-48. April 19, 2007. Digest: (1) The fact that an attorney in a matter before a judge also represents a not-for-profit organization on whose Board of Trustees the judge sits, in a lawsuit before a different judge, does not render the judge disqualified in the matter befo...Tue, 05 Jun 2007 22:38:20 ESThttp://www.nycourts.gov/acoje/opinions/07-39.htmhttp://www.nycourts.gov/acoje/opinions/07-21.htmOpinion 07-21. February 22, 2007. Digest: Where a court attorney for the City Courts in one county is also a town justice in another judicial district, it is ethically permissible for a City Court judge to appoint the court attorney’s co-justice to represent indigent clients in City Court, assuming such appo...Tue, 05 Jun 2007 22:41:19 ESThttp://www.nycourts.gov/acoje/opinions/07-21.htmhttp://www.nycourts.gov/acoje/opinions/05-132.htmMODIFIED BY OPINION 06-162. 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 treatmen...Fri, 08 Jun 2007 21:08:46 ESThttp://www.nycourts.gov/acoje/opinions/05-132.htmhttp://www.nycourts.gov/acoje/opinions/93-56.htmMODIFIED BY OPINION 06-162. Opinion 93-56. June 10, 1993. Digest: A judge may use unexpended campaign funds to purchase office equipment, which becomes the property of the State court system.Rules: Election Law §14-130; Canon 7(B)2) of the Code of Judicial Conduct.. Opinion:. A newly-elected judge ask...Fri, 08 Jun 2007 22:04:49 ESThttp://www.nycourts.gov/acoje/opinions/93-56.htmhttp://www.nycourts.gov/acoje/opinions/95-36.htmMODIFIED BY OPINION 06-162. Opinion 95-36. March 9, 1995. Digest: 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.Rules: Opinions 95-56 (Vol. XI) 93-04 (Vol. X) 92-104 (Vol. X) 91-87 (Vol. VIII). ...Fri, 08 Jun 2007 21:55:52 ESThttp://www.nycourts.gov/acoje/opinions/95-36.htmhttp://www.nycourts.gov/acoje/opinions/06-111.htmOpinion 06-111. September 7, 2006. Digest: A judge should exercise recusal, subject to remittal, where the judge’s sibling or another lawyer in the sibling’s law firm appears before the judge.Rules: 22 NYCRR 100.3(E)1)e) 100.3(F) Opinions 06-149; 04-100; 03-10; 99-17 (Vol. XVII) 98-85 (Vol. XVII) 95-60 (Vol. XIII) 9...Fri, 08 Jun 2007 21:40:23 ESThttp://www.nycourts.gov/acoje/opinions/06-111.htmhttp://www.nycourts.gov/acoje/opinions/07-51.htmOpinion 07-51. April 19, 2007. Digest: A full-time judge may remain a shareholder of a family corporation that owns rental real estate, but may not serve as an officer of the corporation.Rules: 22 NYCRR 100.4(D)3) Opinions 05-130(A) 99-12 (Vol. XVII) 95-55 (Vol. XIII). Opinion:. A full-time judge asks if...Fri, 08 Jun 2007 21:48:15 ESThttp://www.nycourts.gov/acoje/opinions/07-51.htmhttp://www.nycourts.gov/acoje/opinions/90-02.htmOpinion 90-02. January 18, 1990. Digest: A part-time judge may run for election to a local library board where the election is not a primary or general election.Rules: 22 NYCRR 100.7.. Opinion:. A part-time judge inquires whether he may run for election to the local library board. The particular local library board in ...Mon, 11 Jun 2007 16:48:01 ESThttp://www.nycourts.gov/acoje/opinions/90-02.htmhttp://www.nycourts.gov/acoje/opinions/90-06.htmOpinion 90-06. March 1, 1990. Digest: Unexpended campaign funds from a prior unsuccessful election campaign cannot be used in a subsequent campaign, whether for the same office or another office.Rules: 22 NYCRR §100.7. Opinion:. A judge who unsuccessfully sought election to a higher judicial office last...Mon, 11 Jun 2007 16:48:04 ESThttp://www.nycourts.gov/acoje/opinions/90-06.htmhttp://www.nycourts.gov/acoje/opinions/90-08.htmOpinion 90-08. March 1, 1990. Digest: A part-time judge may serve as a member of civic associations provided that such participation does not interfere with the performance of judicial duties and the organizations are not regularly involved in litigation. A judge may not be a member of a political party committee....Mon, 11 Jun 2007 16:48:06 ESThttp://www.nycourts.gov/acoje/opinions/90-08.htmhttp://www.nycourts.gov/acoje/opinions/90-09.htmOpinion 90-09. January 18, 1990. Digest: 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.Rules: 22 NYCRR 100.5(b)2) and (h). Opinion:. A part-time judge inquires whether he may take positions with the United St...Mon, 11 Jun 2007 16:48:09 ESThttp://www.nycourts.gov/acoje/opinions/90-09.htmhttp://www.nycourts.gov/acoje/opinions/03-125.htmOpinion 03-125. January 12, 2004. This letter is in response to your inquiry (03-125) regarding whether you may serve as your mother’s authorized representative and appear with her in that capacity, and not as her attorney, at a hearing on her appeal of a Medicare determination. We refer you to our Opinion 9...Fri, 15 Jun 2007 18:36:12 ESThttp://www.nycourts.gov/acoje/opinions/03-125.htmhttp://www.nycourts.gov/acoje/opinions/07-72.htmOpinion 07-72. June 7, 2007. Digest: A part-time town/village justice may serve on the board of directors of a society providing legal services to children in Family Court, so long as the society’s attorneys do not appear in the justice’s court. Since the inquirer also serves as a law clerk to a County ...Fri, 15 Jun 2007 19:31:04 ESThttp://www.nycourts.gov/acoje/opinions/07-72.htmhttp://www.nycourts.gov/acoje/opinions/07-65.htmOpinion 07-65. June 14, 2007. This responds to your inquiry (07-65) asking whether, when returning unexpended campaign funds pro rata to contributors, you may decline to issue checks for a very small amount (e.g. $10.00 or less) and instead add those amounts to the general fund and re-calculate the amoun...Fri, 15 Jun 2007 19:33:18 ESThttp://www.nycourts.gov/acoje/opinions/07-65.htmhttp://www.nycourts.gov/acoje/opinions/07-63.htmOpinion 07-63. April 19, 2007. Digest: A part-time town justice may moderate an open meeting between the members of a village board and the residents of a village located entirely within the town in which the judge serves, which concerns major issues involving the village, but must avoid creating the perc...Fri, 15 Jun 2007 19:36:23 ESThttp://www.nycourts.gov/acoje/opinions/07-63.htmhttp://www.nycourts.gov/acoje/opinions/07-53.htmOpinion 07-53. April 19, 2007. Digest: Where a town justice has reason to believe that an attorney appearing before him/her is appearing on behalf of another attorney who is a member of the town council which sets the town justice’s salary, he/she should inquire about the relationship and disqualify him/h...Tue, 19 Jun 2007 21:03:56 ESThttp://www.nycourts.gov/acoje/opinions/07-53.htmhttp://www.nycourts.gov/acoje/opinions/07-85.htmOpinion 07-85. June 18, 2007. This responds to your inquiry (07-85) asking whether it is ethically permissible for you to allow the court clerk for the Town of and the Village ofJustice Courts to also maintain full-time employment as a secretary in the County District Attorney’s Office.In Opinion 97-107, this C...Tue, 19 Jun 2007 21:03:58 ESThttp://www.nycourts.gov/acoje/opinions/07-85.htmhttp://www.nycourts.gov/acoje/opinions/06-71.htmOpinion 06-71. This is in response to your inquiry (06-71) in which you ask whether it is ethically permissible for you to administer the oath of office to the president-elect of a Democratic Club during a club fund-raising event. You have further explained that your role would be limited to administering the oath...Wed, 20 Jun 2007 20:03:00 ESThttp://www.nycourts.gov/acoje/opinions/06-71.htmhttp://www.nycourts.gov/acoje/opinions/07-80.htmOpinion 07-80. June 19, 2007. This responds to your inquiry (07-80) asking whether your actions, in directing a not-for-profit organization that used your name on an invitation to a fund-raising event to stop doing so and to send a retraction, are sufficient under the circumstances.The Rules Governing Judic...Wed, 20 Jun 2007 19:05:27 ESThttp://www.nycourts.gov/acoje/opinions/07-80.htmhttp://www.nycourts.gov/acoje/opinions/00-75.htmMODIFIED BY OPINION 06-147. 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 t...Thu, 21 Jun 2007 20:40:05 ESThttp://www.nycourts.gov/acoje/opinions/00-75.htmhttp://www.nycourts.gov/acoje/opinions/04-41.htmMODIFIED BY OPINION 06-147. 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 candida...Thu, 21 Jun 2007 20:33:42 ESThttp://www.nycourts.gov/acoje/opinions/04-41.htmhttp://www.nycourts.gov/acoje/opinions/07-77.htmOpinion 07-77. June 21, 2007. This responds to your inquiry (07-77) about whether you may provide a “letter of welcome” to each juror reporting for jury duty. You included a proposed letter with your inquiry.In Opinion 95-53, this Committee found that a judge may write letters to jurors, thanking them for t...Thu, 21 Jun 2007 19:47:34 ESThttp://www.nycourts.gov/acoje/opinions/07-77.htmhttp://www.nycourts.gov/acoje/opinions/07-91.htmOpinion 07-91. June 7, 2007. Digest: A judge or candidate for elective judicial office who declines to engage in the evaluation process pursuant to the Part 150 Independent Judicial Election Qualification Commissions is not thereby in violation of the Part 100 rules governing judicial conduct or the Cod...Thu, 21 Jun 2007 20:58:48 ESThttp://www.nycourts.gov/acoje/opinions/07-91.htmhttp://www.nycourts.gov/acoje/opinions/07-74.htmOpinion 07-74. June 7, 2007. Digest: It would not be appropriate for a full-time judge to serve on the Board of Directors of an organization which actively participates in jail ministry programs, where services include providing bail assistance and advocacy for inmates, and where the clients of the orga...Tue, 26 Jun 2007 13:51:37 ESThttp://www.nycourts.gov/acoje/opinions/07-74.htmhttp://www.nycourts.gov/acoje/opinions/07-87.htmJoint Opinion 07-87and 07-95. June 7, 2007. Digest: (1) A judge who learns that his/her law clerk has been contacted by a law firm about post-clerkship employment should insulate the law clerk from any matters involving the firm, disclose such insulation to the parties, and upon disclosure, may, but is not required to...Tue, 26 Jun 2007 17:34:37 ESThttp://www.nycourts.gov/acoje/opinions/07-87.htmhttp://www.nycourts.gov/acoje/opinions/07-93.htmOpinion 07-93. June 26, 2007. This responds to your inquiry (07-93) in which you ask whether you may serve on the Board of Trustees for the IOLA Fund of the State of New York.This Committee previously addressed this identical issue in Opinion 91-78, where we concluded that such a role is consistent ...Tue, 26 Jun 2007 17:34:41 ESThttp://www.nycourts.gov/acoje/opinions/07-93.htmhttp://www.nycourts.gov/acoje/opinions/07-95.htmJoint Opinion 07-87and 07-95. June 7, 2007. Digest: (1) A judge who learns that his/her law clerk has been contacted by a law firm about post-clerkship employment should insulate the law clerk from any matters involving the firm, disclose such insulation to the parties, and upon disclosure, may, but is not required to...Tue, 26 Jun 2007 17:34:44 ESThttp://www.nycourts.gov/acoje/opinions/07-95.htmhttp://www.nycourts.gov/acoje/opinions/07-40.htmOpinion 07-40. April 19, 2007. Digest: A village justice may allow the parent of an investigator for the District Attorney’s office to serve as the village court clerk, provided the clerk is insulated from any case involving the clerk’s daughter.Rules: 22 NYCRR 100.2; Opinions 06-163; 06-89.. An applicant for the posi...Fri, 29 Jun 2007 18:57:35 ESThttp://www.nycourts.gov/acoje/opinions/07-40.htmhttp://www.nycourts.gov/acoje/opinions/06-54.htmOpinion 06-54. April 27, 2006. Digest: (1) For two years after the conclusion of a campaign for judicial office, a judge should recuse from any matters in which his/her former campaign manager is personally involved, subject to remittal. Thereafter, the judge should continue to disclose the attorney’s pri...Tue, 03 Jul 2007 20:50:57 ESThttp://www.nycourts.gov/acoje/opinions/06-54.htmhttp://www.nycourts.gov/acoje/opinions/06-109.htmOpinion 06-109. September 7, 2006. Digest: 1) A full-time judge must divest him/herself of jointly-owned race horses where attorneys appearing before him/her are also part-owners. 2) If and when the judge transfers his/her interest to his/her adult child, disclosure and recusal, subject to remittal, are still...Tue, 03 Jul 2007 20:54:25 ESThttp://www.nycourts.gov/acoje/opinions/06-109.htmhttp://www.nycourts.gov/acoje/opinions/06-61.htmOpinion 06-61. April 19, 2006. Digest: The partners and associates of a part-time lawyer judge may not practice in any part of that judge’s court or before any other judge, part-time or full-time, serving in that court. Any relationship or association between the judge and the firm must be completely seve...Tue, 03 Jul 2007 20:56:44 ESThttp://www.nycourts.gov/acoje/opinions/06-61.htmhttp://www.nycourts.gov/acoje/opinions/07-56.htmOpinion 07-56. July 6, 2007. This responds to your inquiry (07-56) asking whether you may continue to participate in several community organizations that we assume are not-for-profits.The Rules Governing Judicial Conduct, allow a part-time judge to be a member or serve as an officer, director, trustee or non...Mon, 09 Jul 2007 17:27:58 ESThttp://www.nycourts.gov/acoje/opinions/07-56.htmhttp://www.nycourts.gov/acoje/opinions/89-93.htmOpinion 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 ...Wed, 11 Jul 2007 21:48:22 ESThttp://www.nycourts.gov/acoje/opinions/89-93.htmhttp://www.nycourts.gov/acoje/opinions/07-04.htmOpinion 07-04. January 25, 2007. Digest: For a period of one year from the time a law clerk leaves a judge’s employ, the judge should disclose his/her relationship with the former clerk when he/she appears as an attorney before the judge, and recuse upon a party’s request....Thu, 12 Jul 2007 18:46:40 ESThttp://www.nycourts.gov/acoje/opinions/07-04.htmhttp://www.nycourts.gov/acoje/opinions/07-45.htmOpinion 07-45. July 5, 2007. This responds to your inquiry (07-45) asking if an unpaid law school intern working in your chambers 7 to 10 hours per week may continue to serve in that position after accepting an appointment to fill a vacancy on the County Legislature, and, beyond that, while campaigning ...Fri, 20 Jul 2007 21:28:14 ESThttp://www.nycourts.gov/acoje/opinions/07-45.htmhttp://www.nycourts.gov/acoje/opinions/93-30.htmOPINION 93-30. March 11, 1993. Digest: A full-time judge may serve on a board of a community mediation service provided he or she is not paid, does not mediate cases, assumes no involvement in the disputes themselves and acts in a purely advisory capacity.Rules: 22 NYCRR §100.4(a) and (c) 100.5(a). Opinion:. ...Tue, 24 Jul 2007 19:11:56 ESThttp://www.nycourts.gov/acoje/opinions/93-30.htmhttp://www.nycourts.gov/acoje/opinions/03-45.wpdÿWPC7 ýE¡ A¶Ãõò g&åä‡Öâè¦ñŒï·`2t©Ä Ü3\áPªÄÍQˆ 2&Αš„g×d¥Ì¤ 6†üÂIùA ´3³Ðšé–áÝyûèÇ“PüË Þ« 7 Ùè‹Á郮À†ü Ž` U N¨ ÕH Ud T ̽ӪL?ä˜bû‡å8Jûp¬ðÃZLÿ í}µö 5·y  ó­ l*Δg\³Þö«kJ]¯åF$ ´Bý D]èJ£žÿ÷ a OË¿ öǧN Ó=IÔ’ es+f« n; 6&hˆ«Ö ¯é¨ÂÞ 8¿ƒ{p)õ é ÞÚK1`ÛÍÀï Ìoã—ºê,¸Å[ ÁO® xg@ Ä òr”Ç×Ô¬...Tue, 24 Jul 2007 20:08:22 ESThttp://www.nycourts.gov/acoje/opinions/03-45.wpdhttp://www.nycourts.gov/acoje/opinions/03-68.htmOpinion 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....Tue, 24 Jul 2007 20:20:40 ESThttp://www.nycourts.gov/acoje/opinions/03-68.htmhttp://www.nycourts.gov/acoje/opinions/07-29.htmOpinion 07-29. April 19, 2007. Digest: A judge may not provide guidance to the local police department regarding the sufficiency of their accusatory instruments and other forms they routinely draft and present to the court.Rules: 22 NYCRR 100.2(A) 100.4(B) Opinions 06-15; 98-73 (Vol. XVII) 96-44 (...Thu, 26 Jul 2007 18:30:15 ESThttp://www.nycourts.gov/acoje/opinions/07-29.htmhttp://www.nycourts.gov/acoje/opinions/92-77.htmOVERRULED BY OPINION 03-68. Opinion 92-77. June 18, 1992. Digest: A judge who is an announced candidate for election to another judicial office is not prohibited from purchasing a tickets to a politically-sponsored dinner, which the judge does not attend, so long as the purchase occurs during the period def...Thu, 26 Jul 2007 21:22:13 ESThttp://www.nycourts.gov/acoje/opinions/92-77.htmhttp://www.nycourts.gov/acoje/opinions/03-45.htmOpinion 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 ...Mon, 30 Jul 2007 14:32:44 ESThttp://www.nycourts.gov/acoje/opinions/03-45.htmhttp://www.nycourts.gov/acoje/opinions/93-40.htmOpinion 93-40. April 29, 1993. Digest: A town justice may preside over a criminal case in which the defense attorney also is the town attorney for the same town which has employed the justice.Rules: 22 NYCRR 100.3(c)1)i) (iii) 100.3(d). Opinion:. A town justice inquires whether he or she may pres...Mon, 30 Jul 2007 19:31:33 ESThttp://www.nycourts.gov/acoje/opinions/93-40.htmhttp://www.nycourts.gov/acoje/opinions/07-73.htmOpinion 07-73. June 7, 2007. Digest: (1) If an attorney appearing before a judge previously provided a character reference letter on the judge’s behalf in a judicial disciplinary proceeding, and the judge believes he/she can be impartial and is willing to preside over the proceeding, the judge must disc...Thu, 02 Aug 2007 21:02:47 ESThttp://www.nycourts.gov/acoje/opinions/07-73.htmhttp://www.nycourts.gov/acoje/opinions/89-144.htmOpinion 89-144. December 5, 1989. Digest: An appellate judge may employ the child of a trial judge as law clerk, provided that the appellate judge recuses himself/herself in cases where the law clerk’s parent is involved.Rules: 22 NYCRR 100.2(a). Opinion:. A justice of the Appellate Division inquires wheth...Fri, 03 Aug 2007 14:45:14 ESThttp://www.nycourts.gov/acoje/opinions/89-144.htmhttp://www.nycourts.gov/acoje/opinions/90-43.htmOpinion 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 ...Thu, 30 Aug 2007 18:52:23 ESThttp://www.nycourts.gov/acoje/opinions/90-43.htmhttp://www.nycourts.gov/acoje/opinions/01-127.htmOpinion 01-127. January 24, 2002. Digest: A part-time town judge should not serve as deputy town clerk within the same township.. Rules: 22 NYCRR 100.1; 100.2(A) 100.6(B)4) Town Law § 30; 30(10) 31(2). Opinion:. A part-time town judge inquires whether it would be appropriate to accept appointment as a deputy to...Thu, 30 Aug 2007 14:00:57 ESThttp://www.nycourts.gov/acoje/opinions/01-127.htmhttp://www.nycourts.gov/acoje/opinions/07-01.htmOpinion 07-01. January 25, 2007. Digest: Where a part-time town justice’s court calendar consists almost entirely of traffic cases and criminal complaints filed by New York State troopers, the judge should not accept employment as a secretary in the New York State Police Internal Affairs Bureau....Mon, 27 Aug 2007 16:15:40 ESThttp://www.nycourts.gov/acoje/opinions/07-01.htmhttp://www.nycourts.gov/acoje/opinions/07-32.htmOpinion 07-32. This responds to your inquiry (07-32) asking whether you may sign a factual affidavit in a lawsuit you handled as an attorney before you assumed the bench. The current attorney in the case seeks to have it restored to the trial calendar and he/she has asked you for an affidavit stating the case was ...Mon, 27 Aug 2007 16:15:43 ESThttp://www.nycourts.gov/acoje/opinions/07-32.htmhttp://www.nycourts.gov/acoje/opinions/07-79.htmOpinion 07-79. June 7, 2007. Digest: A part-time judge may serve as an adjunct college professor and engage in employment as a free-lance actor.Rules: 22 NYCRR 100.4(A) 100.4(B) 100.4(D)1)a) 100.4(D)3) 100.6(B)4) Opinions 05-149; 99-145 (Vol. XVII) 99-86 (Vol. XVIII) 95-105 (Vol. XIII) 94-116 (Vol. XIII) 92-05 (Vol. I...Mon, 27 Aug 2007 16:15:46 ESThttp://www.nycourts.gov/acoje/opinions/07-79.htmhttp://www.nycourts.gov/acoje/opinions/07-81.htmOpinion 07-81. June 7, 2007. Digest: A County Court judge may serve on the board of directors of a not-for-profit charity that provides services to orphans, foster children, and adults with disabilities, provided these activities do not conflict with the judge’s judicial duties; the judge will have no o...Mon, 27 Aug 2007 16:15:50 ESThttp://www.nycourts.gov/acoje/opinions/07-81.htmhttp://www.nycourts.gov/acoje/opinions/07-42.htmOpinion 07-42. June 7, 2007. Digest: A full-time judge may not preside over “attendance court” proceedings for truant students that take place in participating schools, where the judge’s role in such proceedings would be tantamount to that of a mediator.Rules: 22 NYCRR 100.4(F). Opinion:. An administrative judge a...Mon, 27 Aug 2007 21:39:17 ESThttp://www.nycourts.gov/acoje/opinions/07-42.htmhttp://www.nycourts.gov/acoje/opinions/07-62.htmJoint Opinion 07-62 and 07-69. April 19, 2007. Digest: A town justice or village justice may simultaneously serve as the town court clerk in the town court of another town.Rules: 22 NYCRR 100.3(E)1) 100.6(B)4) Opinions 96-116 (Vol. XIV) 95-111 (Vol. XIII) 92-115 (Vol. X) 88-67 (Vol. II)Two inquiries raise a sim...Mon, 27 Aug 2007 21:39:22 ESThttp://www.nycourts.gov/acoje/opinions/07-62.htmhttp://www.nycourts.gov/acoje/opinions/07-69.htmJoint Opinion 07-62 and 07-69. April 19, 2007. Digest: A town justice or village justice may simultaneously serve as the town court clerk in the town court of another town.Rules: 22 NYCRR 100.3(E)1) 100.6(B)4) Opinions 96-116 (Vol. XIV) 95-111 (Vol. XIII) 92-115 (Vol. X) 88-67 (Vol. II)Two inquiries raise a sim...Mon, 27 Aug 2007 21:39:24 ESThttp://www.nycourts.gov/acoje/opinions/07-69.htmhttp://www.nycourts.gov/acoje/opinions/07-50.htmOpinion 07-50. April 19, 2007. Digest: A judge may sign a search warrant application submitted by a law enforcement officer who is the deputy court clerk’s step-child and may preside over cases involving any warrants issued in response thereto, provided the judge insulates that deputy clerk from any cases...Mon, 27 Aug 2007 21:47:46 ESThttp://www.nycourts.gov/acoje/opinions/07-50.htmhttp://www.nycourts.gov/acoje/opinions/07-58.wpdÿWPC… NYÈ ·i:Ó* Ç·î73 L U,C>d:˜P(VìÇ^ö 㳘µÒ“ô§ Ð ËZqÓÕ 8&Ý Op— m&ÍæÀŽ‚z!ò® ß‰àŽ áÞÝJ0)oÁ ] 0ĨµÜÄOMF=¸ oÀõgŠt æ‰d# ãˆóšq Ž#ý óþ àX ŽQ FŸ( ëÍùaÄó$oŸxdî‰æ”s Ý ¹ð‰Á—o©gòe¢éÿ ÒíFõ+ Å ²í• Àzy–wüÜÌ z[ij 4 Oj†1†WÇ vßì<ÊzŠr v y.AI– é¨Õ¤ÿ„ tO°ì} ÊŠ8m¼ÿàýQ“Ir±· S²9ó5}ÓuŠ  áƒºšÚ´ ...Mon, 27 Aug 2007 21:47:49 ESThttp://www.nycourts.gov/acoje/opinions/07-58.wpdhttp://www.nycourts.gov/acoje/opinions/07-75.htmOpinion 07-75. June 7, 2007. Digest: Under the circumstances presented, a town justice should not serve as the town building inspector.Rules: CPL 2.15; Town Law 31(4) UJCA 105(c) 22 NYCRR 100.4(C)2) (b) 100.6(B) (4) Opinions 05-50; 03-97; 03-95; 98-116 (Vol. XVII) 96-39 (Vol. XIV) 95-68 (Vol. XIII) 90-188 (Vol. VI)...Mon, 27 Aug 2007 21:48:00 ESThttp://www.nycourts.gov/acoje/opinions/07-75.htmhttp://www.nycourts.gov/acoje/opinions/07-61.htmOpinion 07-61. April 19, 2007. Digest: A Court Attorney-Referee may not write a character reference on behalf of a friend charged with a felony, to be sent to the judge assigned to the case. Rules: 22 NYCRR 100.6(A) 100.2(C) Opinions 06-172; 04-130; 02-09; 98-46 (Vol. XVI) 95-119 (Vol. XIII)A Court Attorney-Referee ...Mon, 27 Aug 2007 21:50:56 ESThttp://www.nycourts.gov/acoje/opinions/07-61.htmhttp://www.nycourts.gov/acoje/opinions/97-46.htmOpinion 97-46. June 2, 1997. 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(B)3) of the Rules Governing Judicial Conduct it would not be permissible for your father, with whom you were in pa...Thu, 30 Aug 2007 18:52:56 ESThttp://www.nycourts.gov/acoje/opinions/97-46.htmhttp://www.nycourts.gov/acoje/opinions/07-58.htmOpinion 07-58. April 19, 2007. Digest: A judge may join a college’s exploratory committee to determine the feasibility of starting a college-affiliated law school, subject to the Rules Governing Judicial Conduct relating to extra-judicial activities....Tue, 11 Sep 2007 18:18:47 ESThttp://www.nycourts.gov/acoje/opinions/07-58.htmhttp://www.nycourts.gov/acoje/opinions/07-94.htmOpinion 07-94. June 7, 2007. Digest: A judge may be honored at a law school alumni association’s fund-raising dinner, but may not participate in the solicitation of funds or other fund-raising activities on behalf of the association.Rules: 22 NYCRR 100.4(C)3)b)i) (ii) (iv) Opinions 01-39 (Vol. XX) 98-50 (Vol. XVI). ...Mon, 17 Sep 2007 19:58:20 ESThttp://www.nycourts.gov/acoje/opinions/07-94.htmhttp://www.nycourts.gov/acoje/opinions/07-100.htm07-100. September 20, 2007. This responds to your inquiry (07-100) regarding whether your child, a law student, may work as an unpaid legal extern in the District Attorney’s office in the same county as your court.Section 100.2(B) of the Rules Governing Judicial Conduct prohibits a judge from allowing “family, so...Fri, 21 Sep 2007 20:20:18 ESThttp://www.nycourts.gov/acoje/opinions/07-100.htmhttp://www.nycourts.gov/acoje/opinions/07-131.htmOpinion 07-131. September 21, 2007. This responds to your inquiry (07-131) regarding whether you may write to the New York City Department of Sanitation to complain about the conditions of trash pick-up in the area where you live. You have stated that you will not write the letter on your official letterhead....Fri, 21 Sep 2007 20:20:21 ESThttp://www.nycourts.gov/acoje/opinions/07-131.htmhttp://www.nycourts.gov/acoje/opinions/07-142.htmOpinion 07-142. September 20, 2007. This responds to your inquiry (07-142) asking whether your part-time Town of _ Court Clerk may simultaneously be employed as a secretary in the _ County Public Defender’s Office.In Opinion 97-107, our Committee determined that a town justice may not permit the court’s part-time...Fri, 21 Sep 2007 20:20:23 ESThttp://www.nycourts.gov/acoje/opinions/07-142.htmhttp://www.nycourts.gov/acoje/opinions/07-97.htmOpinion 07-97. September 20, 2007. This responds to your inquiry (07-97) about whether you may accept an invitation to speak without compensation at a seminar for lawyers, staff, and interns of the (a New York State Agency) You explain that the topic would be a “view from the bench” and you would discuss judi...Fri, 21 Sep 2007 20:20:25 ESThttp://www.nycourts.gov/acoje/opinions/07-97.htmhttp://www.nycourts.gov/acoje/opinions/07-99.htmOpinion 07-99. June 7, 2007. Digest: A Village Justice should disclose his/her former marital relationship when his/her ex-spouse appears before the court as a prosecutor and may preside upon consent of the parties. The Village Justice should recuse, even if there is no objection, when a litigant before...Fri, 21 Sep 2007 20:20:28 ESThttp://www.nycourts.gov/acoje/opinions/07-99.htmhttp://www.nycourts.gov/acoje/opinions/07-101.htmOpinion 07-101. September 24, 2007. This responds to your inquiry (07-101) as to whether you may hold two elected judicial positions in two separate local municipalities. You advise that you are currently a candidate for a part-time Town Justice position.Pursuant to the Rules Governing Judicial Conduct, ...Tue, 02 Oct 2007 17:52:05 ESThttp://www.nycourts.gov/acoje/opinions/07-101.htmhttp://www.nycourts.gov/acoje/opinions/07-116.htmOpinion 07-116. September 26, 2007. This responds to your inquiry (07-116) asking whether you may permit a full-time court attorney who is your personal appointee to run for legislative office while retaining his/her current employment.Subject to the applicable Rules Governing Judicial Conduct, you may permit ...Tue, 02 Oct 2007 17:52:08 ESThttp://www.nycourts.gov/acoje/opinions/07-116.htmhttp://www.nycourts.gov/acoje/opinions/07-134.htmOpinion 07-134. September 26, 2007. This responds to your inquiry (07-134) asking whether you may serve on a committee of citizens honoring the veterans of your town. You state that the committee is non-political, is not involved in fund-raising activities, and that you would not be listed as Town Justice on t...Tue, 02 Oct 2007 17:52:14 ESThttp://www.nycourts.gov/acoje/opinions/07-134.htmhttp://www.nycourts.gov/acoje/opinions/07-26.htmOpinion 07-26. June 7, 2007. Digest: (1) A judge must exercise recusal for a period of two years after his/her employment with a law firm ends, when that firm’s associates or partners appear before the judge; (2) Whether a judge must disclose or recuse where an attorney appearing before him/her has been...Tue, 02 Oct 2007 17:52:18 ESThttp://www.nycourts.gov/acoje/opinions/07-26.htmhttp://www.nycourts.gov/acoje/opinions/07-49.htmOpinion 07-49. April 19, 2007. Digest: Where a judge has inadvertently learned ex parte facts about a juror’s alleged misconduct, the judge must recuse only from hearing any portion of a post-trial motion that relates to such alleged misconduct. However, the judge may preside over other portions of the po...Tue, 02 Oct 2007 17:52:22 ESThttp://www.nycourts.gov/acoje/opinions/07-49.htmhttp://www.nycourts.gov/acoje/opinions/06-181.htmOpinion 06-181. January 25, 2007. Digest: A full-time judge may not simultaneously serve as a County Traffic Violations Bureau hearing officer.Rules: NY Const. Art. 6 §20(b)1) 22 NYCRR 100.3(A) 100.4(H)1)c)1) Opinion 03-130; Joint Opinion 98-07 and 98-24 (Vol. XVI)Opinion:. A newly-elected Family Co...Fri, 05 Oct 2007 14:26:04 ESThttp://www.nycourts.gov/acoje/opinions/06-181.htmhttp://www.nycourts.gov/acoje/opinions/07-102.htmOpinion 07-102. June 6, 2007. Digest: A judge who exercises recusal when an attorney appears before him/her is not required to disclose the reason for such recusal.Rules: 22 NYCRR 100.3(E)1)a)i) 100.3(F) Opinion 91-51 (Vol. VII) Matter of Appel, (Comm. on Jud Conduct, Slip Op [May 14, 2007]A judge asks whether he/s...Fri, 05 Oct 2007 14:26:07 ESThttp://www.nycourts.gov/acoje/opinions/07-102.htmhttp://www.nycourts.gov/acoje/opinions/07-27.htmOpinion 07-27. September 6, 2007. Digest: A judge (1) may not appoint an attorney, whose firm rents office space in a building owned by the judge’s parents’ corporation, to serve as a referee in a mortgage foreclosure proceeding; and (2) must disclose and offer to recuse when an attorney appearing before the...Fri, 05 Oct 2007 14:26:19 ESThttp://www.nycourts.gov/acoje/opinions/07-27.htmhttp://www.nycourts.gov/acoje/opinions/07-41.htmOpinion 07-41. June 7, 2007. Digest: A judge may (1) require plaintiffs’ attorneys to include a proposal from the plaintiff’s structured settlement broker in an application for approval of a structured settlement for an infant or an impaired person; and, (2) may provide counsel with a list of brokers kn...Fri, 05 Oct 2007 14:26:23 ESThttp://www.nycourts.gov/acoje/opinions/07-41.htmhttp://www.nycourts.gov/acoje/opinions/07-110.htmOpinion 07-110. September 6, 2007. Digest: A part-time town justice may not accept or continue employment as a counselor in a local chemical dependency treatment center that accepts referrals from the town court.Rules: 22 NYCRR 100.6(B)4) Joint Opinion 00-60 and 00-61 (Vol. XIX) Opinions 97-55 (Vol. XV) 89-109 ...Wed, 10 Oct 2007 20:59:01 ESThttp://www.nycourts.gov/acoje/opinions/07-110.htmhttp://www.nycourts.gov/acoje/opinions/07-125.htmOpinion 07-125. September 6, 2007. Digest: A criminal court judge may permit law firm associates to observe court proceedings and may speak to them on court premises about court procedures. The judge may accept the firm’s offer to pay for a modest lunch immediately following the program, as ordinary social hospitality....Wed, 10 Oct 2007 20:59:03 ESThttp://www.nycourts.gov/acoje/opinions/07-125.htmhttp://www.nycourts.gov/acoje/opinions/07-130.htmOpinion 07-130. September 6, 2007. Digest: A judge may respond to inquiries, from an Independent Judicial Election Qualification Commission or a bar association judicial candidate evaluation committee, about qualifications of candidates for elective judicial office.Rules: 22 NYCRR 100.5(A)1)d) (e) Opinions 02-07; 0...Wed, 10 Oct 2007 20:59:06 ESThttp://www.nycourts.gov/acoje/opinions/07-130.htmhttp://www.nycourts.gov/acoje/opinions/07-23.htmOpinion 07-23. February 22, 2007. Digest: A judge who formerly served as an assistant district attorney and law clerk is disqualified in any case in which he/she was directly involved. Depending on the degree of authority the judge exercised while serving in several senior level positions with New York State...Wed, 10 Oct 2007 20:59:09 ESThttp://www.nycourts.gov/acoje/opinions/07-23.htmhttp://www.nycourts.gov/acoje/opinions/07-152.htmOpinion 07-152. September 6, 2007. Digest: The Window Period for New York State Supreme Court candidates running in district-wide elections during the 2008 election year cycle commences nine months before the earliest of the following: (a) the date of the judicial nominating convention; (b) the date of formal...Mon, 22 Oct 2007 14:13:36 ESThttp://www.nycourts.gov/acoje/opinions/07-152.htmhttp://www.nycourts.gov/acoje/opinions/06-32.htmOpinion 06-32. September 6, 2007. Digest: A part-time judge may appear before a municipal board as a panelist, or otherwise publicly discuss political issues or matters of public controversy. Rules: 22 NYCRR 100.2(C) 100.3(B)8)100.4(A)1)2)3) 100.4(B) 100.4(C)1) 100.4(C)2)a) 100.6(B)1) Opinion 07-47.Opinion:. ...Tue, 23 Oct 2007 19:45:32 ESThttp://www.nycourts.gov/acoje/opinions/06-32.htmhttp://www.nycourts.gov/acoje/opinions/88-157.htmOpinion 88-157. December 8, 1988. Digest: A judge may preside over cases in which the judge’s former student research clerk represents a party.Rules: 22 NYCRR 100.3(c). Opinion:. A judge inquires whether he/she may preside over cases in which one party is represented by an attorney who formerly served a...Fri, 26 Oct 2007 21:27:55 ESThttp://www.nycourts.gov/acoje/opinions/88-157.htmhttp://www.nycourts.gov/acoje/opinions/06-132.htmOpinion 06-132. November 17, 2006. Digest: A judge may serve on a municipal Board of Ethics, where the Board’s sole authority is to issue advisory opinions and propose revisions to the municipality’s Code of Ethics.Rules: 22 NYCRR 100.2(A) 100.4(A)1)3) 100.6(B)4) Opinions 06-09; 02-43; 01-49 (Vol. XX) 92-45 (Vol. ...Mon, 29 Oct 2007 14:26:54 ESThttp://www.nycourts.gov/acoje/opinions/06-132.htmhttp://www.nycourts.gov/acoje/opinions/07-117.htmOpinion 07-117. October 29, 2007. This responds to your inquiry (07-117) about your obligation to recuse if you are elected town justice, if an attorney, who has provided you with an office mailing address and clerical services for the past several years, appears before you. You state that this arrangement h...Tue, 30 Oct 2007 20:26:34 ESThttp://www.nycourts.gov/acoje/opinions/07-117.htmhttp://www.nycourts.gov/acoje/opinions/91-39.wpdÿWPC£ Ó ôg  j–V˜A¾7ôðé«ze» ÓSîD@ ͧV@Vaþ Y3g¢Qi ô ¹òù¯öP dkg Úâì<F6% ÚÝ òhø üÒàŽ˜:¹kÖ Bâ0 r-á܆E Û^´LC·UooºÒ ã.ëV„Í% R¨^ádáqkEORÖ÷j¹ o/q¼Öx’ ã zúqm~ òË_ï­ û© 36 Àõ áxj›p w„ÚñD q É h~ š‚x Pg83`ê~æá 6^v²Žõó ñ²6û fn¼9båÀm òÕ÷Äçß áø³ è…² ª3J N ÂHkgB Pá\êÖz]˜vP) ž·ÈÑÓ þ”Æöc8 t³...Mon, 05 Nov 2007 22:04:23 ESThttp://www.nycourts.gov/acoje/opinions/91-39.wpdhttp://www.nycourts.gov/acoje/opinions/91-39.htmOpinion 91-39. March 14, 1991. Digest: (1) 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 pre-trial conferences, but may not have ex parte conversations, without the con...Mon, 05 Nov 2007 22:05:38 ESThttp://www.nycourts.gov/acoje/opinions/91-39.htmhttp://www.nycourts.gov/acoje/opinions/07-169.htmOpinion 07-169. November 9, 2007. This responds to your inquiry (07-169) about your obligations regarding a political sign your spouse wishes to post publicly in the yard of your joint residence. You state your spouse solely owns the property.In Opinion 99-118, the Committee determined that a judge should advise his/...Thu, 15 Nov 2007 15:21:39 ESThttp://www.nycourts.gov/acoje/opinions/07-169.htmhttp://www.nycourts.gov/acoje/opinions/07-88.htmOpinion 07-88. September 6, 2007. Digest: A judge who is a candidate for judicial office may attend his/her own fund-raiser and may be present during a raffle held at that fund-raiser, provided that the judge does not participate in selling the tickets and provided that the raffle does not constitute an ille...Thu, 15 Nov 2007 15:21:41 ESThttp://www.nycourts.gov/acoje/opinions/07-88.htmhttp://www.nycourts.gov/acoje/opinions/07-12.htmOpinion 07-12. September 6, 2007. Digest: A Supreme Court Justice may serve as a volunteer arbitrator in the Small Claims Part of New York City Civil Court, unless he/she also serves on a court that hears appeals from such Court.Rules: N.Y. City Civil Court Act § 1701; 22 NYCRR 100.4(F) 630.1; 730.1(b)1...Wed, 28 Nov 2007 15:47:46 ESThttp://www.nycourts.gov/acoje/opinions/07-12.htmhttp://www.nycourts.gov/acoje/opinions/07-121.htmJoint Opinion 07-78 and 07-121. September 6, 2007. Digest: A Family Court judge who also presides in a Problem Solving Court is not required to exercise recusal when a party appearing in the Family Court also appeared before the judge in a Problem Solving Court, unless the judge believes that he/she ...Thu, 29 Nov 2007 16:27:50 ESThttp://www.nycourts.gov/acoje/opinions/07-121.htmhttp://www.nycourts.gov/acoje/opinions/07-188.htmOpinion 07-188. October 18, 2007. Digest: Judges may attend meetings with lawyers to discuss the functioning and improvement of the court system, even when those lawyers are actively and directly involved in matters before those judges. The judges should not discuss any pending or impending matters or engage...Thu, 29 Nov 2007 16:27:53 ESThttp://www.nycourts.gov/acoje/opinions/07-188.htmhttp://www.nycourts.gov/acoje/opinions/07-78.htmJoint Opinion 07-78 and 07-121. September 6, 2007. Digest: A Family Court judge who also presides in a Problem Solving Court is not required to exercise recusal when a party appearing in the Family Court also appeared before the judge in a Problem Solving Court, unless the judge believes that he/she ...Thu, 29 Nov 2007 16:27:59 ESThttp://www.nycourts.gov/acoje/opinions/07-78.htmhttp://www.nycourts.gov/acoje/opinions/07-76.htmOpinion 07-76. June 7, 2007. Digest: A Judicial Hearing Officer (JHO) may continue to serve in county-wide courts, in the counties adjacent to the county where he/she is employed as Special Counsel to a city legislature, but is not permitted to appear as an attorney in any court in the county where he o...Thu, 06 Dec 2007 19:01:06 ESThttp://www.nycourts.gov/acoje/opinions/07-76.htmhttp://www.nycourts.gov/acoje/opinions/07-118.htmOpinion 07-118. November 30, 2007. This responds to your inquiry (07-118) regarding whether you may serve as the “Honorary Chairman” of a charitable fund-raiser. You state that your role will not be listed on the invitation or otherwise publicized, and that you will not be the guest of honor or participate in...Thu, 06 Dec 2007 18:47:31 ESThttp://www.nycourts.gov/acoje/opinions/07-118.htmhttp://www.nycourts.gov/acoje/opinions/07-149.htmOpinion 07-149. December 4, 2007. This responds to your inquiry (07-149) asking whether you must disclose your reasons for recusal when you disqualify yourself from cases involving an attorney whom you have reported for “arguably unprofessional conduct.This Committee has advised, in Opinion 07-102, tha...Thu, 06 Dec 2007 18:47:34 ESThttp://www.nycourts.gov/acoje/opinions/07-149.htmhttp://www.nycourts.gov/acoje/opinions/07-163.htmOpinion 07-163. December 4, 2007. This is in response to your inquiry (07-163) regarding whether you may accept an appointment as a special prosecutor, in a county other than the county where you preside as part-time City Court judge.The Committee previously has advised that a part-time judge who also is an ...Thu, 06 Dec 2007 18:47:39 ESThttp://www.nycourts.gov/acoje/opinions/07-163.htmhttp://www.nycourts.gov/acoje/opinions/89-25.htmOpinion 89-25. May 25, 1989. Digest: 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.Rule: Gen. Mun. L. §805-b; 22 NYCRR 100.5(c)5). Opinion:. The question is posed whether a judge may accept an unsolicited gift or ben...Mon, 17 Dec 2007 20:27:26 ESThttp://www.nycourts.gov/acoje/opinions/89-25.htmhttp://www.nycourts.gov/acoje/opinions/06-138.htmOpinion: 06-138. October 19, 2006. Digest: A judge who received a sum greater than $75.00 for performing a wedding ceremony should return the excess amount to the parties.Rule: Gen. Mun. L. § 805-b; 22 NYCRR 100.2(A). A judge who officiated at a wedding has discovered that the gratuities the participants tendered exc...Mon, 17 Dec 2007 20:06:29 ESThttp://www.nycourts.gov/acoje/opinions/06-138.htmhttp://www.nycourts.gov/acoje/opinions/04-26.htmOpinion 04-26. March 11,2004. Digest: A judge may accept reimbursement for reasonable and necessary travel and lodging expenses incurred in connection with performing an out-of-town wedding.Rules: Gen. Mun. Law § 805-b; 22 NYCRR 100.2, 100.4(H)1)b) Opinions 88-168 (Vol. III) 89-25 (Vol. III) 93-92 (Vol. XI) 99-94 ...Mon, 17 Dec 2007 20:02:06 ESThttp://www.nycourts.gov/acoje/opinions/04-26.htmhttp://www.nycourts.gov/acoje/opinions/89-31.htmOpinion 89-31. April 4, 1989. Topic: Period of time a judge should continue to recuse himself or herself from matters coming before the judge, wherein the judge’s former law partner is attorney for a party.Digest: Depending on all of the facts and circumstances of their prior relationship as partners, a j...Wed, 02 Jan 2008 16:57:03 ESThttp://www.nycourts.gov/acoje/opinions/89-31.htmhttp://www.nycourts.gov/acoje/opinions/07-180.htmOpinion 07-180. December 6, 2007. Digest: An attorney who is designated to serve as a Judicial Hearing Officer in a particular county may practice law in a court in the same county so long as he/she is not assigned to serve on the Judicial Hearing Officer Panel for such court....Wed, 02 Jan 2008 19:14:42 ESThttp://www.nycourts.gov/acoje/opinions/07-180.htmhttp://www.nycourts.gov/acoje/opinions/07-135.htmOpinion 07-135. October 18, 2007. Digest: (1) A judge who is a candidate for judicial office may include a link on his/her campaign website to published newspaper articles about the judge. (2) A judge who is a candidate for judicial office may include photographs of the judge on his/her campaign website that...Wed, 02 Jan 2008 22:29:56 ESThttp://www.nycourts.gov/acoje/opinions/07-135.htmhttp://www.nycourts.gov/acoje/opinions/07-182.htmOpinion 07-182. January 2, 2008. This responds to your inquiry (07-182) regarding whether an attorney you have known since law school may include your name as a “general reference” in the resume he/she is submitting for a position at a local college.This Committee has held that a judge may provide a...Wed, 02 Jan 2008 22:30:03 ESThttp://www.nycourts.gov/acoje/opinions/07-182.htmhttp://www.nycourts.gov/acoje/opinions/07-195.htmJoint Opinion 07-195 and 07-203. December 6, 2007. Digest: A part-time judge who is permitted to practice law and has been charged with a traffic infraction may appear and defend him/herself pro se before another part-time judge who presides in the same county who also is permitted to practice law....Wed, 02 Jan 2008 19:10:54 ESThttp://www.nycourts.gov/acoje/opinions/07-195.htmhttp://www.nycourts.gov/acoje/opinions/07-203.htmJoint Opinion 07-195 and 07-203. December 6, 2007. Digest: A part-time judge who is permitted to practice law and has been charged with a traffic infraction may appear and defend him/herself pro se before another part-time judge who presides in the same county who also is permitted to practice law....Wed, 02 Jan 2008 19:11:01 ESThttp://www.nycourts.gov/acoje/opinions/07-203.htmhttp://www.nycourts.gov/acoje/opinions/07-133.htmOpinion 07-133. September 6, 2007. Digest: A judge may serve on the board of directors of a foundation associated with a not-for-profit organization and may assist the foundation in administering charitable contributions solicited by such associated not-for-profit organization....Wed, 02 Jan 2008 22:29:52 ESThttp://www.nycourts.gov/acoje/opinions/07-133.htmhttp://www.nycourts.gov/acoje/opinions/07-174.htmOpinion 07-174. October 18, 2007. Digest: In a large urban county, it is discretionary for a criminal court judge to disclose that the judge’s court attorney, who is the judge’s personal appointee, has applied for employment with a district attorney’s office that is staffed by hundreds of assistant district ...Thu, 03 Jan 2008 18:45:51 ESThttp://www.nycourts.gov/acoje/opinions/07-174.htmhttp://www.nycourts.gov/acoje/opinions/06-28.htmOpinion 06-28. March 9, 2006. Digest: A judge may appoint, as an expert, an accountant with whom the judge has a minimal social relationship and a remote financial connection, but the judge should not, unsolicited, recommend this expert for appointment by other judgesRules: 22 NYCRR 100.0(D) 100.2(C) 100.3(E) 100.3(E...Tue, 08 Jan 2008 18:43:08 ESThttp://www.nycourts.gov/acoje/opinions/06-28.htmhttp://www.nycourts.gov/acoje/opinions/07-95 and 07-87.htmJoint Opinion 07-87 and 07-95. June 7, 2007. Digest: (1) A judge who learns that his/her law clerk has been contacted by a law firm about post-clerkship employment should insulate the law clerk from any matters involving the firm, disclose such insulation to the parties, and upon disclosure, may, but is not required to...Mon, 14 Jan 2008 16:17:38 ESThttp://www.nycourts.gov/acoje/opinions/07-95 and 07-87.htmhttp://www.nycourts.gov/acoje/opinions/07-47.htmOpinion 07-47. April 19. 2007. Digest: A part-time judge who is permitted to practice law and who currently represents a client in a highly-publicized litigation may respond to media inquiries concerning the litigation in his/her capacity as a lawyer, but should not refer to or otherwise utilize his/her s...Mon, 14 Jan 2008 18:28:51 ESThttp://www.nycourts.gov/acoje/opinions/07-47.htmhttp://www.nycourts.gov/acoje/opinions/07-89.htmOpinion 07-89. October 18, 2007. Digest: A Town Justice who is running for election to judicial office may include a photograph in his/her campaign literature that previously was published in the local paper and that depicts the County Court judge administering the Town Justice’s oath of office....Mon, 14 Jan 2008 20:23:17 ESThttp://www.nycourts.gov/acoje/opinions/07-89.htmhttp://www.nycourts.gov/acoje/opinions/07-132.htmOpinion 07-132. September 6, 2007. Digest: A part-time acting city court judge may continue to employ an associate in the judge’s private law practice, after the associate is elected councilman-at-large in the same city where the judge presides.Rules: 22 NYCRR 100.2; Opinions 05-63.. Opinion:. An acting city court judg...Wed, 23 Jan 2008 15:14:57 ESThttp://www.nycourts.gov/acoje/opinions/07-132.htmhttp://www.nycourts.gov/acoje/opinions/07-104.htmOpinion 07-104. December 6, 2007. Digest: On the request of the District Attorney, acting as agent for a parole board, a judge who was a victim of a crime may, solely in his/her capacity as crime victim, provide a written statement expressing his/her views on whether the defendant should be released on parole....Thu, 24 Jan 2008 13:29:29 ESThttp://www.nycourts.gov/acoje/opinions/07-104.htmhttp://www.nycourts.gov/acoje/opinions/07-190.htmOpinion 07-190. December 6, 2007. Digest: During a period when there is a longstanding request for judicial salary increases before the Legislature, if a State Legislator or an attorney from a State Legislator’s law office appears as counsel, a judge should exercise recusal on that basis only if the judge ge...Thu, 24 Jan 2008 21:20:02 ESThttp://www.nycourts.gov/acoje/opinions/07-190.htmhttp://www.nycourts.gov/acoje/opinions/07-199l.htmOpinion 07-199. January 14, 2008. This responds to your inquiry (07-199) about whether you may be a member of a college’s School of Criminal Justice Advisory Board. You state that the Board advises the Dean and other college officials on issues about academic standards and proposed changes in the school’s Cr...Thu, 24 Jan 2008 13:28:25 ESThttp://www.nycourts.gov/acoje/opinions/07-199l.htmhttp://www.nycourts.gov/acoje/opinions/07-127l.htmOpinion 07-127. January 15, 2007. This responds to your inquiry (07-127) about whether you may continue as a private investigator while serving as a Town Justice.This Committee previously concluded that a part-time judge may serve as a private investigator, subject to certain limitations. Thus, the judge should...Thu, 24 Jan 2008 13:31:18 ESThttp://www.nycourts.gov/acoje/opinions/07-127l.htmhttp://www.nycourts.gov/acoje/opinions/07-84 & 07-140.htmJoint Opinion 07-84 and 07-140. September 6, 2007. Digest: The mere fact that individual judges file, or a judges’ association files, a lawsuit against the New York State Legislature concerning a judicial salary increase does not, in and of itself, require a judge to exercise recusal when a New York ...Thu, 24 Jan 2008 15:23:53 ESThttp://www.nycourts.gov/acoje/opinions/07-84 & 07-140.htmhttp://www.nycourts.gov/acoje/opinions/07-140 & 07-84.htmJoint Opinion 07-140 and 07-84. September 6, 2007. Digest: The mere fact that individual judges file, or a judges’ association files, a lawsuit against the New York State Legislature concerning a judicial salary increase does not, in and of itself, require a judge to exercise recusal when a New York ...Thu, 24 Jan 2008 15:23:35 ESThttp://www.nycourts.gov/acoje/opinions/07-140 & 07-84.htmhttp://www.nycourts.gov/acoje/opinions/07-199.htmOpinion 07-199. January 14, 2008. This responds to your inquiry (07-199) about whether you may be a member of a college’s School of Criminal Justice Advisory Board. You state that the Board advises the Dean and other college officials on issues about academic standards and proposed changes in the school’s Cr...Fri, 25 Jan 2008 24:53:52 ESThttp://www.nycourts.gov/acoje/opinions/07-199.htmhttp://www.nycourts.gov/acoje/opinions/07-127.htmOpinion 07-127. January 15, 2007. This responds to your inquiry (07-127) about whether you may continue as a private investigator while serving as a Town Justice.This Committee previously concluded that a part-time judge may serve as a private investigator, subject to certain limitations. Thus, the judge should...Fri, 25 Jan 2008 24:54:14 ESThttp://www.nycourts.gov/acoje/opinions/07-127.htmhttp://www.nycourts.gov/acoje/opinions/07-139.htmOpinion 07-139. October 18, 2007. Digest: (1) With appropriate administrative approval, a judge who is a candidate for election to judicial office may take a photograph of him/herself in a judicial robe in front of the door to the judge’s chambers, for use in a campaign advertisement. (2) A judge may not use...Mon, 28 Jan 2008 17:18:09 ESThttp://www.nycourts.gov/acoje/opinions/07-139.htmhttp://www.nycourts.gov/acoje/opinions/90-12.htmOpinion 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). Opinion:. A part-time judge who serves as a mediator/arbitrator with a dispute resolution agency, to which the judge refers court cases...Fri, 01 Feb 2008 20:37:30 ESThttp://www.nycourts.gov/acoje/opinions/90-12.htmhttp://www.nycourts.gov/acoje/opinions/07-126.htmOpinion 07-126. January 25, 2008. Digest: A judge and the judge’s staff may join a bar association’s elder law committee, and the judge may appoint otherwise eligible attorneys who also are members of the committee to fiduciary and counsel positions in the judge’s court in accordance with the Rules Governing...Fri, 01 Feb 2008 21:10:23 ESThttp://www.nycourts.gov/acoje/opinions/07-126.htmhttp://www.nycourts.gov/acoje/opinions/07-148.htmOpinion 07-148. January 24, 2008. Digest: A judge who teaches at a law school and who once lectured students enrolled in a law school clinical program is not disqualified when a student who attended the lecture appears before the judge, unless the judge feels that he/she cannot remain impartial....Fri, 01 Feb 2008 21:10:05 ESThttp://www.nycourts.gov/acoje/opinions/07-148.htmhttp://www.nycourts.gov/acoje/opinions/07-112.htmOpinion 07-112. September 6, 2007. Digest: A full-time judge may not serve on the state Regents Advisory Council on Libraries.. Rules: 22 NYCRR 100.4(C)2)a) Opinions 02-45; 90-141 (Vol. VI) 89-132 (Vol. V). Opinion:. A full-time judge asks if he/she may serve on the state Regents Advisory Council on Libraries. The j...Fri, 01 Feb 2008 21:10:19 ESThttp://www.nycourts.gov/acoje/opinions/07-112.htmhttp://www.nycourts.gov/acoje/opinions/07-90.htmOpinion 07-90. October 18, 2007. Digest: A candidate for judicial office who is not currently a judge may be a speaker or guest of honor at a charitable fund-raising event during the candidate’s Window Period, and may permit the event sponsor to indicate in the event’s invitation that the candidate will be ...Fri, 01 Feb 2008 21:10:27 ESThttp://www.nycourts.gov/acoje/opinions/07-90.htmhttp://www.nycourts.gov/acoje/opinions/06-103.htmOpinion 06-103. October 19, 2006. This is in response to your inquiry (06-103) in which you seek the Committee’s advice concerning whether you may accept an honorarium and an airline ticket from a church in [ ] that has invited you to speak at a Women’s Day Program. You have stated that this is not a fund-ra...Fri, 29 Feb 2008 17:20:49 ESThttp://www.nycourts.gov/acoje/opinions/06-103.htmhttp://www.nycourts.gov/acoje/opinions/06-115.htmOpinion 06-115. December 7, 2006. Digest: A judge may attend and participate in a conference co-sponsored by a non-profit, charitable organization and an organization of legislators, provided that it is the charitable organization that has extended the invitation, and that such participation is limited to ev...Thu, 07 Feb 2008 20:29:02 ESThttp://www.nycourts.gov/acoje/opinions/06-115.htmhttp://www.nycourts.gov/acoje/opinions/95-12.htmOpinion 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 1, ...Fri, 29 Feb 2008 17:23:35 ESThttp://www.nycourts.gov/acoje/opinions/95-12.htmhttp://www.nycourts.gov/acoje/opinions/07-35.htmOpinion 07-35. April 19, 2007. Digest: Where a litigant before a judge was previously a defendant in a medical malpractice action brought by the judge on behalf of the judge’s child, the judge need not disqualify him/herself unless the judge doubts his/her impartiality.Rules: Judiciary Law §14; People v. Moreno, 70 N.Y...Thu, 28 Feb 2008 17:36:06 ESThttp://www.nycourts.gov/acoje/opinions/07-35.htmhttp://www.nycourts.gov/acoje/opinions/95-52.htmComment: Former 22 NYCRR 100.5(f) has been. amended and renumbered as 22 NYCRR 100.6(B)2). Opinion 95-52. April 27,1995. Digest: Where a part-time town justice has granted an order of protection to one spouse against the other, neither the justice nor his/her law firm may represent the complaini...Wed, 13 Feb 2008 18:40:47 ESThttp://www.nycourts.gov/acoje/opinions/95-52.htmhttp://www.nycourts.gov/acoje/opinions/07-176.htmOpinion 07-176. October 18, 2007. Digest: While a lawsuit by certain judges is pending against the Executive and Legislative branches, seeking salary increases for Judges, a non-party judge who has a direct financial interest in the outcome of the lawsuit need not recuse from matters in which an attorney fro...Thu, 28 Feb 2008 21:02:05 ESThttp://www.nycourts.gov/acoje/opinions/07-176.htmhttp://www.nycourts.gov/acoje/opinions/07-141.htmOpinion 07-141. September 6, 2007. Digest: A judge may attend a party for the spouse of a public defender who regularly appears before the judge, and a religious function for the daughter of a law guardian who regularly appears before the judge, unless either counsel is presently on trial before the judge. If...Tue, 26 Feb 2008 13:39:54 ESThttp://www.nycourts.gov/acoje/opinions/07-141.htmhttp://www.nycourts.gov/acoje/opinions/01-14.htmOpinion 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....Tue, 04 Mar 2008 21:50:31 ESThttp://www.nycourts.gov/acoje/opinions/01-14.htmhttp://www.nycourts.gov/acoje/opinions/98-107.htmOpinion 98-107. September 10, 1998. PLEASE NOTE THAT 22 NYCRR 100.5(A)2)v) HAS BEEN AMENDED. PLEASE CONSULT THE REVISED RULE AND SUBSEQUENT OPINIONS SUCH AS 06-80/06-81 FOR FURTHER GUIDANCE.Digest: On the facts presented, a candidate for judicial office should not pay $3,000 for a ticket to a political fund-raisin...Tue, 04 Mar 2008 21:50:38 ESThttp://www.nycourts.gov/acoje/opinions/98-107.htmhttp://www.nycourts.gov/acoje/opinions/07-108.htmOpinion 07-108. September 6, 2007. Digest: A part-time judge, who operates a business and owns income-producing real property located within the geographic jurisdiction of the judge’s court, should exercise recusal as soon as he/she learns that a party has filed a case in the court that involves the judge’s b...Wed, 05 Mar 2008 20:29:16 ESThttp://www.nycourts.gov/acoje/opinions/07-108.htmhttp://www.nycourts.gov/acoje/opinions/96-149.htmOpinion 96-149. March 21, 1997. This is in response to your request (96-149) for an opinion from the Committee concerning section 822.1 of the Rules of the Appellate Division, Third Department, which deals with the assignment of counsel. That provision states, in part, that a judge of a village court may n...Fri, 07 Mar 2008 19:34:34 ESThttp://www.nycourts.gov/acoje/opinions/96-149.htmhttp://www.nycourts.gov/acoje/opinions/06-162.htmOpinion 06-162. April 19, 2007. Digest: (1) A judge must make every reasonable effort to return unexpended campaign funds directly to contributors on a pro-rata basis. (2) A minimal amount of unexpended campaign funds may be used to purchase items not otherwise provided by the Unified Court System or the m...Tue, 11 Mar 2008 17:21:53 ESThttp://www.nycourts.gov/acoje/opinions/06-162.htmhttp://www.nycourts.gov/acoje/opinions/93-62.htmOpinion 93-62. June 10, 1993. Digest: A judge who was formerly a prosecutor, may preside over violation of probation matters, where the violation of probation occurred after the judge’s appointment to the bench, but the underlying sentence was imposed while the judge was still employed as a prosecutor, p...Mon, 17 Mar 2008 13:16:55 ESThttp://www.nycourts.gov/acoje/opinions/93-62.htmhttp://www.nycourts.gov/acoje/opinions/07-122.htmOpinion 07-122. September 6, 2007. Digest: A judge presiding in a criminal case, where the defendant is an attorney who also practices before the judge, need not disqualify him/herself in those unrelated proceedings, so long as the judge can maintain his/her impartiality.Rules: 22 NYCRR 100.3(E)1...Wed, 19 Mar 2008 16:20:30 ESThttp://www.nycourts.gov/acoje/opinions/07-122.htmhttp://www.nycourts.gov/acoje/opinions/08-17.htmOpinion 08-17. January 31, 2008. Digest: When the accounting firm at which a judge’s personal accountant works is either an expert witness or a party in the judge’s court, the judge should disclose the relationship and offer to recuse, subject to remittal, where the parties and lawyers consent.Rules: 22 NYCRR 100.2; 10...Wed, 19 Mar 2008 16:20:36 ESThttp://www.nycourts.gov/acoje/opinions/08-17.htmhttp://www.nycourts.gov/acoje/opinions/07-153.htmOpinion 07-153. October 18, 2007. Digest: In the absence of a subpoena, a judge may, but is not required to, provide affidavits that a former client and a district attorney have requested concerning the former client’s CPL Art. 440 post-judgment motion.Rules: CPLR §4503; CPL Art. 440; 22 NYCRR 101.1; 1...Wed, 19 Mar 2008 16:20:34 ESThttp://www.nycourts.gov/acoje/opinions/07-153.htmhttp://www.nycourts.gov/acoje/opinions/07-109.htmOpinion 07-109. September 6, 2007. Digest: A judge may advocate for passage of a bond resolution to fund a new court facility by writing an op-ed article for publication in the local press, by speaking at public informational forums before the vote, and by advocating publicly in favor of the need for the new ...Wed, 19 Mar 2008 16:20:28 ESThttp://www.nycourts.gov/acoje/opinions/07-109.htmhttp://www.nycourts.gov/acoje/opinions/95-55.htmOpinion 95-55. June 8, 1995. Digest: 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, in...Thu, 20 Mar 2008 17:32:47 ESThttp://www.nycourts.gov/acoje/opinions/95-55.htmhttp://www.nycourts.gov/acoje/opinions/08-16.htmOpinion 08-16. January 31, 2008. Digest: A full-time judge may serve with other county officials on a screening panel that will interview applicants for appointment to the position of County Public Defender by the County Legislature.Rules: Jud. Law §35(1)b) County Law § 722; CPL § 170.10, 180.10; 22 NYCRR 1...Thu, 20 Mar 2008 19:34:31 ESThttp://www.nycourts.gov/acoje/opinions/08-16.htmhttp://www.nycourts.gov/acoje/opinions/00-64.htmOpinion 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 judic...Mon, 31 Mar 2008 19:25:59 ESThttp://www.nycourts.gov/acoje/opinions/00-64.htmhttp://www.nycourts.gov/acoje/opinions/02-28.htmOpinion 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 for a fund-raising ...Mon, 31 Mar 2008 19:26:22 ESThttp://www.nycourts.gov/acoje/opinions/02-28.htmhttp://www.nycourts.gov/acoje/opinions/02-46.htmOpinion 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 ...Mon, 31 Mar 2008 19:26:45 ESThttp://www.nycourts.gov/acoje/opinions/02-46.htmhttp://www.nycourts.gov/acoje/opinions/04-24.htmOpinion 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 stationery 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 ...Mon, 31 Mar 2008 19:27:11 ESThttp://www.nycourts.gov/acoje/opinions/04-24.htmhttp://www.nycourts.gov/acoje/opinions/05-52.htmOpinion 05-52. April 21, 2005. Digest: A judge may be a named sponsor of a local civic event which is not 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). Opinion:. A part-time village judge seeks the opinion of the...Wed, 16 Apr 2008 18:27:05 ESThttp://www.nycourts.gov/acoje/opinions/05-52.htmhttp://www.nycourts.gov/acoje/opinions/89-53.htmOpinion 89-53. May 25, 1989. Topic: Judge to assist at a Little League game refreshment stand, selling such items as hot dogs, soda, coffee, ice-cream and candy.Digest: It would not be improper for a judge to render help selling food and soda at a Little League game refreshment stand, unless the items are sold...Mon, 07 Apr 2008 15:53:26 ESThttp://www.nycourts.gov/acoje/opinions/89-53.htmhttp://www.nycourts.gov/acoje/opinions/90-114.htmOpinion 90-114. September 18, 1990. Digest: A full-time judge may participate in the continuation of a chain letter to colleagues requesting their support of the abolition of apartheid in South Africa.Rules: 22 NYCRR 100.5(a). Opinion:. A full-time judge inquires if the judge may participate in a chain letter t...Mon, 31 Mar 2008 19:27:31 ESThttp://www.nycourts.gov/acoje/opinions/90-114.htmhttp://www.nycourts.gov/acoje/opinions/91-120.htmOpinion 91-120. October 31, 1991. Digest: A judge who had a frequent, professional, ad hoc working relationship with one of the attorneys appearing before the judge, should recuse himself or herself for about two years after the relationship ends, unless all parties consent to the judge’s presiding....Mon, 07 Apr 2008 15:53:31 ESThttp://www.nycourts.gov/acoje/opinions/91-120.htmhttp://www.nycourts.gov/acoje/opinions/96-55.htmOpinion 96-55. June 13, 1996. Digest: A judge who is the owner of a local insurance and real estate agency (1) should exercise recusal in matters involving persons who are holders of insurance policies obtained through the judge’s agency (2) should exercise recusal in matters involving real estate client...Fri, 04 Apr 2008 19:02:52 ESThttp://www.nycourts.gov/acoje/opinions/96-55.htmhttp://www.nycourts.gov/acoje/opinions/93-129.htmOpinion 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: 22NYCRR100.2(c) Canon 2B, Code of Judicial Conduct. Opinion:. ...Mon, 31 Mar 2008 19:27:49 ESThttp://www.nycourts.gov/acoje/opinions/93-129.htmhttp://www.nycourts.gov/acoje/opinions/96-59.htmOpinion 96-59. June 13, 1996. Digest: A town justice may serve as a bartender at a library-sponsored cocktail party and may cook at the library fair, but may not serve as a cashier at either event.Rules: 22 NYCRR 100.4(C)3). Opinion:. A town justice who also serves as a Trustee of a not-for-profit local libra...Fri, 04 Apr 2008 19:02:57 ESThttp://www.nycourts.gov/acoje/opinions/96-59.htmhttp://www.nycourts.gov/acoje/opinions/96-75.htmOpinion 96-75. July 31, 1996. Hon.. Dear Judge. This is in response to your inquiry (96-75) concerning the intended use by the Law School from which you graduated, of a postcard with your photograph which features you as a “high achieving alumna. The mailing is to prominent persons in the legal pr...Fri, 04 Apr 2008 19:03:01 ESThttp://www.nycourts.gov/acoje/opinions/96-75.htmhttp://www.nycourts.gov/acoje/opinions/96-77.htmOpinion 96-77. September 5, 1996. Digest: (1) A judge’s spouse may utilize a jointly-owned cooperative apartment for fund-raising activities conducted by her/him for charitable organizations but the judge may not attend or participate. (2) The term “economic interest” under Rule 100.0(D) includes ownership o...Fri, 04 Apr 2008 19:03:05 ESThttp://www.nycourts.gov/acoje/opinions/96-77.htmhttp://www.nycourts.gov/acoje/opinions/93-51.htmOpinion 93-51. April 29,1993. Digest: There is no ethical objection to a town judge accommodating in the courthouse a pro 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 do...Fri, 04 Apr 2008 19:02:25 ESThttp://www.nycourts.gov/acoje/opinions/93-51.htmhttp://www.nycourts.gov/acoje/opinions/96-134.htmOpinion 96-134. December 12, 1996. Digest: A full-time judge should not be an actor in a commercial motion picture.. Rules: 22 NYCRR 110.4(D)3) Opinion 95-55 Vol. XIII; 94-57 Vol XII; 94-19, Vol XII. Opinion:. A full time judge has been asked to play the role of a judge in a commercial motion picture for whic...Tue, 01 Apr 2008 19:14:00 ESThttp://www.nycourts.gov/acoje/opinions/96-134.htmhttp://www.nycourts.gov/acoje/opinions/96-139.htmOpinion 96-139. December 12,1996. Digest: (1) A part-time judge may preside over cases that were pending in the District Attorney’s office during the judge’s prior service as an Assistant District Attorney if the judge had no direct involvement in the prosecution of those cases. (2) A part-time City Court ju...Tue, 01 Apr 2008 19:14:06 ESThttp://www.nycourts.gov/acoje/opinions/96-139.htmhttp://www.nycourts.gov/acoje/opinions/96-141.htmOpinion 96-141. December 12, 1996. Digest: (1) A newly-elected judge, who had been serving as an Administrative Law judge for a governmental agency, may not, upon assuming judicial office, perform any further services in connection with any pending, uncompleted matters that were being handled as an Administra...Tue, 01 Apr 2008 19:14:13 ESThttp://www.nycourts.gov/acoje/opinions/96-141.htmhttp://www.nycourts.gov/acoje/opinions/96-142.htmOpinion 96-142. December 12, 1996. Digest: 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 himself/herself in a pending criminal proceeding.Rules: 22 NYCRR 100.3(B)8). Opinion:. A judge was criticized in...Tue, 01 Apr 2008 19:14:18 ESThttp://www.nycourts.gov/acoje/opinions/96-142.htmhttp://www.nycourts.gov/acoje/opinions/96-144.htmOpinion 96-144. December 12,1996. Digest: A town judge, 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.Rules: 22 NYCRR 100.6(B)2). Opinion:. A town judge, who is permitted to practice law, pr...Tue, 01 Apr 2008 19:14:22 ESThttp://www.nycourts.gov/acoje/opinions/96-144.htmhttp://www.nycourts.gov/acoje/opinions/96-147.htmOpinion 96-147. January 23, 1997. Digest: A judge may participate as a 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.Rules: 22 NYCRR 100.4(C)3)b)I) Opinion 90-166 (Vol. VI). ...Tue, 01 Apr 2008 24:25:16 ESThttp://www.nycourts.gov/acoje/opinions/96-147.htmhttp://www.nycourts.gov/acoje/opinions/96-152.htmOpinion 96-152. March 7, 1997. Hon.. Dear Judge. 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 uncleAs you acknowledge in your letter, section 100.4(E...Tue, 01 Apr 2008 24:25:22 ESThttp://www.nycourts.gov/acoje/opinions/96-152.htmhttp://www.nycourts.gov/acoje/opinions/94-64.htmOpinion 94-64. July 21, 1994. Dear Justice. On June 16, 1994, the Advisory 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.The Committee is of the view that a notice of a pr...Fri, 04 Apr 2008 19:02:28 ESThttp://www.nycourts.gov/acoje/opinions/94-64.htmhttp://www.nycourts.gov/acoje/opinions/95-24.htmOpinion 95-24. March 9, 1995. Digest: 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.Rules: 22 NYCRR 100.2. Opinion:. A judge inquires whether he or she may utilize an admission card which woul...Fri, 04 Apr 2008 19:02:31 ESThttp://www.nycourts.gov/acoje/opinions/95-24.htmhttp://www.nycourts.gov/acoje/opinions/96-41.htmOpinion 96-41. April 25,1996. Digest: An association of judges may endorse proposed legislation affecting non-judicial employees of the Unified Court System.Rules: 22 NYCRR 100.4(A)C). Opinion:. The president of an association of judges inquires as to whether the association is permitted to address letters to members o...Fri, 04 Apr 2008 19:02:35 ESThttp://www.nycourts.gov/acoje/opinions/96-41.htmhttp://www.nycourts.gov/acoje/opinions/96-49.htmOpinion 96-49. April 25, 1996. Digest: 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 his/her views on issues relating to the administration of justice and the legal system; (3) in order to avoid the app...Fri, 04 Apr 2008 19:02:44 ESThttp://www.nycourts.gov/acoje/opinions/96-49.htmhttp://www.nycourts.gov/acoje/opinions/96-48.htmOpinion 96-48. Amended. Digest: A part-time judge complies with the Rules through a recusal if the judge’s client and/or potential party in a client’s lawsuit appear before the judge.Rules: 22 NYCRR 100.6(B)2). Opinion:. A part-time judge who is also a solo practitioner anticipates (a) that a cl...Fri, 04 Apr 2008 19:02:40 ESThttp://www.nycourts.gov/acoje/opinions/96-48.htmhttp://www.nycourts.gov/acoje/opinions/93-104.htmOpinion 93-104. October 28, 1993. Digest: 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 criminal case of any other police agency where the judge’s son di...Fri, 04 Apr 2008 19:02:17 ESThttp://www.nycourts.gov/acoje/opinions/93-104.htmhttp://www.nycourts.gov/acoje/opinions/93-46.htmOpinion 93-46. April 29,1993. Digest: There is no ethical objection to a Surrogate’s Court maintaining its bank account in the bank in which the Surrogate owns a small block of shares, where the bank is designated by the Comptroller and not the Court.Rules: 22 NYCRR 100.2; 22 NYCRR 100.3(c)1)iii). Opinion:. ...Fri, 04 Apr 2008 19:02:22 ESThttp://www.nycourts.gov/acoje/opinions/93-46.htmhttp://www.nycourts.gov/acoje/opinions/96-82.htmOpinion 96-82. March 13,1997. Digest: It is the obligation of a judge to determine whether an organization of which the judge is a member practices invidious discrimination.Rules: 22 NYCRR 100.2(D) 1990 American Bar Association Model Code of Judicial Conduct - Canon 2C. Opinion:. A judge asks whether sect...Thu, 03 Apr 2008 16:27:40 ESThttp://www.nycourts.gov/acoje/opinions/96-82.htmhttp://www.nycourts.gov/acoje/opinions/96-83.htmOpinion 96-83. September 5, 1996. Digest: A judge may not solicit funds from other judges for charitable causes.. Rules: 22 NYCRR 100.4(C)3)b)i). Opinion:. A judge inquires if it is permissible to solicit funds from other judges for charitable causes.. The judge participates in an athletic event, the p...Thu, 03 Apr 2008 16:28:15 ESThttp://www.nycourts.gov/acoje/opinions/96-83.htmhttp://www.nycourts.gov/acoje/opinions/96-84.htmOpinion 96-84. September 5, 1996. Digest: 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). Opinion:. A full-time judge inquires whether he/she may serv...Thu, 03 Apr 2008 16:28:18 ESThttp://www.nycourts.gov/acoje/opinions/96-84.htmhttp://www.nycourts.gov/acoje/opinions/96-86.htmOpinion 96-86. September 5, 1996. Digest: A judge may not appoint an attorney as a referee in a foreclosure matter or as a guardian ad litem in a pending litigation, where the attorney’s father is a sitting Supreme Court justice.Rules: 22 NYCRR 36.1. Opinion:. A judge asks whether it is permissible to appoint ...Thu, 03 Apr 2008 16:33:17 ESThttp://www.nycourts.gov/acoje/opinions/96-86.htmhttp://www.nycourts.gov/acoje/opinions/96-88.htmOpinion 96-88. September 5, 1996. Digest: A part-time judge associated with a private mediation and arbitration service may not allow the use of the judge’s name preceded by the honorific “Hon. in the organization’s advertisements.Rules: 22 NYCRR 100.2(C) Opinion 92-125. Opinion:. A part-time village justi...Thu, 03 Apr 2008 16:28:23 ESThttp://www.nycourts.gov/acoje/opinions/96-88.htmhttp://www.nycourts.gov/acoje/opinions/97-91.htmOpinion 97-91. November 7, 1997. Hon.. Dear. The Advisory Committee on Judicial Ethics has considered your inquiry (97-91) concerning if and when an attorney who represented you in proceedings before the New York State Commission on Judicial Conduct may appear before you in your court.Enclosed for your informa...Tue, 01 Apr 2008 24:25:26 ESThttp://www.nycourts.gov/acoje/opinions/97-91.htmhttp://www.nycourts.gov/acoje/opinions/97-112.htmOpinion 97-112. October 16, 1997. Digest: 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 by a l...Tue, 01 Apr 2008 24:25:29 ESThttp://www.nycourts.gov/acoje/opinions/97-112.htmhttp://www.nycourts.gov/acoje/opinions/97-131.htmOpinion 97-131. December 29, 1997. Hon.. Dear. 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 part-time Town Justice who is permitted to practice law as a guardian ad litem in Surrogate’s Court.The Committee has previou...Tue, 01 Apr 2008 24:25:35 ESThttp://www.nycourts.gov/acoje/opinions/97-131.htmhttp://www.nycourts.gov/acoje/opinions/98-40.htmOpinion: 98-40. April 28, 1998. Digest: A judge may contribute to the local Police Benevolent Association as well as to local volunteer ambulance and firefighter organizations.Rules: 22 NYCRR 100.4(A)1) Opinions: 95-131(Vol. XIV) 89-146(Vol. III). A judge asks if it is proper to contribute to the ...Wed, 26 Mar 2008 13:02:24 ESThttp://www.nycourts.gov/acoje/opinions/98-40.htmhttp://www.nycourts.gov/acoje/opinions/04-20.htmOpinion 04-20. September 9, 2004. This responds to your inquiry (04-20) in which you ask whether you may accept an invitation to attend a conference by the Division of Criminal Justice Services entitled “The Path to Prosecution, dealing with domestic violence and sexual assault casesThe purpose of the confer...Thu, 27 Mar 2008 17:48:14 ESThttp://www.nycourts.gov/acoje/opinions/04-20.htmhttp://www.nycourts.gov/acoje/opinions/07-191.htmOpinion 07-191. December 27, 2007. A judge inquires about whether he/she may permit his/her law clerk to present the keynote address at an awards luncheon for a not-for-profit group that provides employment assistance to displaced homemakers.In Opinion 91-42 (Vol. VII) the Committee advised that a judge may present ...Thu, 03 Apr 2008 16:21:23 ESThttp://www.nycourts.gov/acoje/opinions/07-191.htmhttp://www.nycourts.gov/acoje/opinions/07-22.htmOpinion 07-22. September 6, 2007. Digest: (1) A town justice may preside in traffic cases which the town attorney prosecutes. (2) A town justice may preside in traffic cases prosecuted by a town attorney who recently represented the town justice in an unrelated Article 78 proceeding which is now concluded. (...Tue, 01 Apr 2008 16:40:37 ESThttp://www.nycourts.gov/acoje/opinions/07-22.htmhttp://www.nycourts.gov/acoje/opinions/07-198.htmOpinion 07-198. December 6, 2007. Digest: A Court Attorney/Referee may not write a letter in support of a candidate for election to a municipal water board.Rules: 22 NYCRR 100.5; 100.5(A)1)e) Opinions 98-46 (Vol. XVI) 95-119 (Vol. XIII). Opinion:. A full-time Court Attorney/Referee asks if he/she ...Fri, 04 Apr 2008 18:59:55 ESThttp://www.nycourts.gov/acoje/opinions/07-198.htmhttp://www.nycourts.gov/acoje/opinions/97-133.htmOpinion 97-133. December 29, 1997. Hon.. Dear. In response to your inquiry (97-133) the Committee is of the view that its opinion in Joint Opinion 96-143 et. al. answers your inquiry in that it would permit you to review the publication, New York Criminal Practice, Second Edition. That opinion, h...Tue, 01 Apr 2008 24:28:22 ESThttp://www.nycourts.gov/acoje/opinions/97-133.htmhttp://www.nycourts.gov/acoje/opinions/97-134.htmOpinion 97-134. December 11, 1997. Digest: 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.Rules: 22 NYCRR 100.3(A) 100.4 (A)3) 100.4 ( C)3)a)ii). Opinion:. A newly-elected full-time...Tue, 01 Apr 2008 24:28:27 ESThttp://www.nycourts.gov/acoje/opinions/97-134.htmhttp://www.nycourts.gov/acoje/opinions/98-52.htmOpinion 98-52. May 8, 1998. Hon.. Dear. The Advisory Committee on Judicial Ethics has considered your inquiry (98-52) concerning the propriety of your seeking to be licensed as a private investigator.Enclosed for your information are Opinions 90-1 (Vol V) 91-127 (Vol VIII) 92-08 (Vol IX) and 92-63 (...Tue, 01 Apr 2008 24:28:33 ESThttp://www.nycourts.gov/acoje/opinions/98-52.htmhttp://www.nycourts.gov/acoje/opinions/98-57.htmOpinion 98-57. May 8, 1998. Hon.. Dear. The Advisory Committee on Judicial Ethics has considered your inquiry (98-57) concerning the propriety of using certain letters issued by the District Attorney’s Office and distributed by your court advising defendants of their option to negotiate a plea by contacting the Di...Tue, 01 Apr 2008 24:28:37 ESThttp://www.nycourts.gov/acoje/opinions/98-57.htmhttp://www.nycourts.gov/acoje/opinions/98-58.htmOpinion: 98-58. May 8, 1998. Hon.. Dear Justice. The Advisory Committee on Judicial Ethics has considered your inquiry (98-58) concerning the propriety of using printed forms which would initiate and record negotiated pleas, and the propriety of making these forms available at the court.Enclosed for your informa...Tue, 01 Apr 2008 24:28:40 ESThttp://www.nycourts.gov/acoje/opinions/98-58.htmhttp://www.nycourts.gov/acoje/opinions/98-82.htmOpinion: 98-82. September 23, 1998. Hon.. Dear Judge. This is in response to your inquiry (98-82) in which you present two situations for consideration by the Committee. One involved your actions as a lawyer in withdrawing as counsel in a matter in the Family Court that originally had been before the co...Tue, 01 Apr 2008 24:28:43 ESThttp://www.nycourts.gov/acoje/opinions/98-82.htmhttp://www.nycourts.gov/acoje/opinions/98-90.htmOpinion: 98-90. September 23, 1998. Hon.. Dear. This is in response to your inquiry (98-90) asking whether a part-time judge in your county, who is permitted to practice law, should recuse himself/herself in all cases involving your office in view of the fact that, as a private attorney, the judge...Tue, 01 Apr 2008 24:28:46 ESThttp://www.nycourts.gov/acoje/opinions/98-90.htmhttp://www.nycourts.gov/acoje/opinions/99-07.htmOpinion: 99-07. April 9, 1999. Hon.. Dear Judge:. This is in response to your inquiry (99-07) in which you ask whether you are ethically permitted to write a letter on behalf of a prison inmate who is seeking release on parole. The individual is someone whom you knew many years ago. You had no invol...Tue, 01 Apr 2008 24:28:49 ESThttp://www.nycourts.gov/acoje/opinions/99-07.htmhttp://www.nycourts.gov/acoje/opinions/07-205.htmOpinion 07-205. March 28, 2008. A judge inquires whether he/she may attend and observe court proceedings involving his/her 21-year old son.Under these circumstances, the judge’s attendance in court, in the obvious role of parent, does not lend itself to any improper appearance of impropriety or the inappropriate ...Fri, 04 Apr 2008 18:59:58 ESThttp://www.nycourts.gov/acoje/opinions/07-205.htmhttp://www.nycourts.gov/acoje/opinions/07-212.htmOpinion 07-212. January 31, 2008. Digest: A part-time lawyer-justice who represents a client in a civil lawsuit against a defendant who serves as a law enforcement officer in the town encompassing the village where the judge presides should exercise recusal, subject to remittal, when the defendant law enforc...Mon, 31 Mar 2008 20:15:00 ESThttp://www.nycourts.gov/acoje/opinions/07-212.htmhttp://www.nycourts.gov/acoje/opinions/93-26.htmOpinion 93-26. March 11, 1993. Digest: A judge may write a letter of reference on behalf of an applicant for a promotion to a higher level academic position, as long as there is no potential for conflict or appearance of impropriety. The recommendation must reflect the judge’s appraisal of the abilities o...Mon, 07 Apr 2008 15:54:00 ESThttp://www.nycourts.gov/acoje/opinions/93-26.htmhttp://www.nycourts.gov/acoje/opinions/93-10.htmOpinion 93-10. January 28, 1993. Digest: A part-time judge may serve as a member of the House Committee of a Veterans of Foreign Wars Post.Rules: 22 NYCRR 100.5(c). Opinion:. A part-time judge, who is a veteran, inquires whether the judge may serve on the House Committee of a Veterans of Foreign War...Mon, 07 Apr 2008 15:53:52 ESThttp://www.nycourts.gov/acoje/opinions/93-10.htmhttp://www.nycourts.gov/acoje/opinions/07-172.htmOpinion 07-172. January 25, 2008. A judge inquires about whether he/she may serve on the Board of a not-for-profit charitable organization.This Committee previously has concluded that a judge may serve on the board of a not-for-profit charitable organization, so long as doing so does not conflict with the judge’s...Thu, 03 Apr 2008 15:59:34 ESThttp://www.nycourts.gov/acoje/opinions/07-172.htmhttp://www.nycourts.gov/acoje/opinions/07-143.htmOpinion 07-143. January 25, 2008. A judges inquires whether he/she must report certain attorneys to the Grievance Committee, based on allegations made in a motion pending before the judge.The Rules Governing Judicial Conduct require that “a] judge who receives information indicating a substantial likelihood that...Thu, 03 Apr 2008 16:03:31 ESThttp://www.nycourts.gov/acoje/opinions/07-143.htmhttp://www.nycourts.gov/acoje/opinions/08-03.htmOpinion 08-03. February 13, 2008. A judge inquires as to when the Window Period for the November 2009 election cycle begins.. I have enclosed a copy of Opinion 05-97 for your reference. If you have further questions concerning your Window Period or other judicial campaign related questions, please fe...Thu, 03 Apr 2008 16:17:39 ESThttp://www.nycourts.gov/acoje/opinions/08-03.htmhttp://www.nycourts.gov/acoje/opinions/08-06.htmOpinion 08-06. February 11, 2008. A judge inquires whether judicial associations may extend honorary memberships to two justices of the Pakistan Supreme Court who were forcibly removed from the court and currently are under house arrest. The associations also will inform the New York Law Journal that they is...Thu, 03 Apr 2008 16:17:42 ESThttp://www.nycourts.gov/acoje/opinions/08-06.htmhttp://www.nycourts.gov/acoje/opinions/08-13.htmOpinion 08-13. February 11, 2008. A judge inquires about the propriety of a part-time justice court clerk simultaneously serving as a village trustee.In Opinion 89-72 (Vol. III) the Advisory Committee concluded that there is no ethical incompatibility if a town justice also serves as a trustee of a ...Thu, 03 Apr 2008 16:17:45 ESThttp://www.nycourts.gov/acoje/opinions/08-13.htmhttp://www.nycourts.gov/acoje/opinions/08-18.htmOpinion 08-18. February 13, 2008. A judge inquires about attending a fund-raising event sponsored by a not-for-profit charitable organization in which the judge’s law clerk serves as a member of the Board of Directors. The judge states he/she will not be recognized, nor will he/she speak at the event....Thu, 03 Apr 2008 16:17:49 ESThttp://www.nycourts.gov/acoje/opinions/08-18.htmhttp://www.nycourts.gov/acoje/opinions/96-90.htmOpinion 96-90. September 6, 1996. Digest: A part-time judge may not lease a building located in the town where the judge presides, to a drug and alcohol treatment center which provides evaluations and treatment to defendants appearing before the judge.Rules: 22 NYCRR 100.4(D)1)b) Opinion 90-76. Opinion:. ...Thu, 03 Apr 2008 16:22:15 ESThttp://www.nycourts.gov/acoje/opinions/96-90.htmhttp://www.nycourts.gov/acoje/opinions/07-154.htmOpinion 07-154. April 2, 2008. A judge inquires whether he/she may review and decide objections to orders issued by his/her former principal law clerk in his/her new capacity as a Support Magistrate.A judge must disqualify him/herself in a proceeding in which the judge’s impartiality might reasonab...Fri, 04 Apr 2008 18:59:51 ESThttp://www.nycourts.gov/acoje/opinions/07-154.htmhttp://www.nycourts.gov/acoje/opinions/07-136.htmOpinion 07-136. October 18, 2007. Digest: A candidate for judicial office may include his/her photograph taken with a relative, who is a state trooper in uniform, in his/her campaign literature, so long as neither the photograph nor the context in which it appears suggests that the candidate would support la...Fri, 04 Apr 2008 18:59:43 ESThttp://www.nycourts.gov/acoje/opinions/07-136.htmhttp://www.nycourts.gov/acoje/opinions/07-144.htmOpinion 07-144. September 6, 2007. Digest: A judge is under no obligation to report an acquaintance’s misconduct to any authority, but may do so in his/her discretion.Rules: Opinion 06-13; Joint Opinion 88-85/88-103 (Vol. III). Opinion:. A judge has learned from an acquaintance that he/she stole money from his/h...Fri, 04 Apr 2008 18:59:47 ESThttp://www.nycourts.gov/acoje/opinions/07-144.htmhttp://www.nycourts.gov/acoje/opinions/08-05.htmOpinion 08-05. March 13, 2008. Digest: A judge may attend a “meet the candidates” event, and participate as an audience member by distributing factual materials and questioning candidates for the New York State Legislature about judicial compensation.Rules: 22 NYCRR 100.2(A) 100.4(A) 100.5(A)1)iii) 100.5(A)1). ...Fri, 04 Apr 2008 19:00:02 ESThttp://www.nycourts.gov/acoje/opinions/08-05.htmhttp://www.nycourts.gov/acoje/opinions/08-22.htmOpinion 08-22. January 31, 2008. Digest: Where the annual average number of cases a public defender’s office has handled in a town justice court is fewer than five, and the Coordinator of Indigent Defense will assign all future cases involving indigent defendants in the town justice’s court to the conflict ...Fri, 04 Apr 2008 19:00:06 ESThttp://www.nycourts.gov/acoje/opinions/08-22.htmhttp://www.nycourts.gov/acoje/opinions/92-15.htmOpinion 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 § 100.2(a) 100.5(b). Opinion:. A full-time judge asks whether the judge may continue to serve as an unpaid member of the board of a...Mon, 07 Apr 2008 15:53:35 ESThttp://www.nycourts.gov/acoje/opinions/92-15.htmhttp://www.nycourts.gov/acoje/opinions/93-01.htmOpinion 93-01. January 28, 1993. Digest: A part-time village judge may not serve as chairperson or member of the village planning board.Rules: 22 NYCRR § 100.2, 100.5(b)1) 100.5(h). Opinion:. An Acting Village judge, who prior to appointment as judge served as chairperson of the village planning board, inquires whet...Mon, 07 Apr 2008 15:53:41 ESThttp://www.nycourts.gov/acoje/opinions/93-01.htmhttp://www.nycourts.gov/acoje/opinions/92-97.htmOpinion 92-97. January 28, 1993. Digest: An incumbent judge seeking re-election may not permit a campaign committee to make contributions to county committees or political parties. However the committee may make such legal expenditures for the campaign as permitted by law....Mon, 07 Apr 2008 15:53:38 ESThttp://www.nycourts.gov/acoje/opinions/92-97.htmhttp://www.nycourts.gov/acoje/opinions/93-03.htmOpinion 93-03. January 28, 1993. Digest: Members of a law firm are not disqualified from practicing before a part-time judge who is now associated with one of their former associates.Rules: 22 NYCRR 100.5(f). Opinion:. A part-time judge who is engaged in the practice of law is considering taking into the judge’s law o...Mon, 07 Apr 2008 15:53:45 ESThttp://www.nycourts.gov/acoje/opinions/93-03.htmhttp://www.nycourts.gov/acoje/opinions/93-09.htmOpinion 93-09. January 28, 1993. Digest: 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 consent is given, or if the objectio...Mon, 07 Apr 2008 15:53:47 ESThttp://www.nycourts.gov/acoje/opinions/93-09.htmhttp://www.nycourts.gov/acoje/opinions/93-17.htmOpinion 93-17. February 18, 1993. Dear Justice. The Advisory Committee on Judicial Ethics at its meeting of January 28, 1993, considered your inquiry (93-17) concerning whether you may be involved in the expansion and maintenance of a commercial property of which you are a tenant-in-common with a 25% interest....Mon, 07 Apr 2008 15:53:57 ESThttp://www.nycourts.gov/acoje/opinions/93-17.htmhttp://www.nycourts.gov/acoje/opinions/07-129.htmOpinion 07-129. September 6, 2007. Digest: Where an attorney has admitted under oath that he/she committed perjury, the judge should report the attorney to the appropriate attorney disciplinary committee.Rules: 22 NYCRR 100.3(D)2) Opinions 06-99; 06-24; 05-84; 05-37; 04-74; 02-129; 02-85; 00-64; 98-95 (...Mon, 07 Apr 2008 18:56:05 ESThttp://www.nycourts.gov/acoje/opinions/07-129.htmhttp://www.nycourts.gov/acoje/opinions/07-146.htmOpinion 07-146. October 18, 2007. Digest: A judge may serve as a volunteer Fire Prevention Officer and/or volunteer Scene Safety Person for a local fire department, as long as such positions do not confer peace officer status or involve investigative responsibilities.Rules: CPL §1.20[33] 2.10; 22 NYCRR 100.4(A) 100.4...Thu, 10 Apr 2008 14:37:24 ESThttp://www.nycourts.gov/acoje/opinions/07-146.htmhttp://www.nycourts.gov/acoje/opinions/07-167.htmOpinion 07-167. October 18, 2007. Digest: (1) A part-time judge whose law firm is the primary lessee of space in an office building should ask his/her landlord to remove signs endorsing political candidates from the leased property. (2) During his/her window period, it is permissible for a part-time judge to...Thu, 10 Apr 2008 14:37:30 ESThttp://www.nycourts.gov/acoje/opinions/07-167.htmhttp://www.nycourts.gov/acoje/opinions/07-168.htmOpinion 07-168. October 18, 2007. Digest: A part-time judge who is not a candidate for judicial office, may not send a letter to local newspapers that includes an expression of his/her gratitude to the voters for electing him/her to judicial office.Rules: 22 NYCRR 100.0(Q) 100.5(A)1) (2) Opinion 02-06.. Opinion:. ...Thu, 10 Apr 2008 14:37:35 ESThttp://www.nycourts.gov/acoje/opinions/07-168.htmhttp://www.nycourts.gov/acoje/opinions/07-170.htmOpinion 07-170. October 18, 2008. Digest: A full-time judge who is president of an ethnic judges’ association may join with officers of an ethnic bar association to meet with law school deans and various executive and legislative branch officials to express their concern about the downward trend in minority ...Thu, 10 Apr 2008 14:37:40 ESThttp://www.nycourts.gov/acoje/opinions/07-170.htmhttp://www.nycourts.gov/acoje/opinions/07-173.htmOpinion 07-173. October 18, 2007. Digest: For a one year period after a law clerk leaves a judge’s employ, the judge should disclose his/her relationship with the former law clerk when the former law clerk appears in the judge’s court, and should recuse upon a party’s request. During the same period of time,...Thu, 10 Apr 2008 14:37:45 ESThttp://www.nycourts.gov/acoje/opinions/07-173.htmhttp://www.nycourts.gov/acoje/opinions/08-04.htmOpinion 08-04. January 31, 2008. Digest: A judge who is a member of a non-partisan, fraternal organization may serve on the campaign committee for an individual running for election to national office in the organization, but may not allow the campaign committee to include his/her judicial title in campaign...Thu, 10 Apr 2008 14:37:51 ESThttp://www.nycourts.gov/acoje/opinions/08-04.htmhttp://www.nycourts.gov/acoje/opinions/07-155.htmOpinion 07-155. October 18, 2007. Digest: A Supreme Court Justice may not serve as a member of the County Charter Revision Commission, where the purpose of the Commission is to suggest changes and make recommendations for improving the laws and provisions contained in the County Charter.Rules: 22 NYCRR 100.1; 10...Tue, 15 Apr 2008 13:22:44 ESThttp://www.nycourts.gov/acoje/opinions/07-155.htmhttp://www.nycourts.gov/acoje/opinions/07-156.htmOpinion 07-156. October 18, 2007. Digest: (1) A judicial hearing officer (JHO) who is on the board of directors of one agency may preside over cases involving an attorney from a “sister agency” under the same umbrella organization, as long as the JHO has no supervisory authority over such attorney and is not...Tue, 15 Apr 2008 13:22:47 ESThttp://www.nycourts.gov/acoje/opinions/07-156.htmhttp://www.nycourts.gov/acoje/opinions/07-171.htmOpinion 07-171. October 18, 2007. Digest: A judge, whose parents are residents of a nursing home, is not required to recuse when that nursing home appears before the judge seeking to have guardians appointed for other medicaid patients, unless the judge believes he/she cannot be impartial....Tue, 15 Apr 2008 13:22:53 ESThttp://www.nycourts.gov/acoje/opinions/07-171.htmhttp://www.nycourts.gov/acoje/opinions/08-02_08-45.htmJoint Opinion 08-02/08-45. March 13, 2008. Digest: Whether a judge may order the disqualification of a legislator/attorney and his/her law firm from appearing in the judge’s court, because of the longstanding issue regarding judicial salary adjustments pending before the New York State legislature, is a question of l...Tue, 15 Apr 2008 13:23:00 ESThttp://www.nycourts.gov/acoje/opinions/08-02_08-45.htmhttp://www.nycourts.gov/acoje/opinions/08-45_08-02.htmJoint Opinion 08-02/08-45. March 13, 2008. Digest: Whether a judge may order the disqualification of a legislator/attorney and his/her law firm from appearing in the judge’s court, because of the longstanding issue regarding judicial salary adjustments pending before the New York State legislature, is a question of l...Tue, 15 Apr 2008 13:23:04 ESThttp://www.nycourts.gov/acoje/opinions/08-45_08-02.htmhttp://www.nycourts.gov/acoje/opinions/07-60.htmOpinion 07-60. June 8, 2007. This responds to your inquiry (07-60) asking whether it is ethically permissible for you to serve simultaneously as a Town Justice for the town and as Village Attorney for a village within the same town. You have stated that, pursuant to your agreement with the village board...Fri, 18 Apr 2008 16:45:30 ESThttp://www.nycourts.gov/acoje/opinions/07-60.htmhttp://www.nycourts.gov/acoje/opinions/05-131.htmOpinion 05-131. January 25, 1996. Digest: A judge may make a contribution to a Legal Aid Society. . Rules: 22 NYCRR 100.4(A)1). Opinion:. 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...Mon, 21 Apr 2008 16:52:05 ESThttp://www.nycourts.gov/acoje/opinions/05-131.htmhttp://www.nycourts.gov/acoje/opinions/07-157.htmOpinion 07-157. October 18, 2007. Digest: A judge may serve on a law school reunion committee and may contact and encourage former classmates to attend the reunion, provided that the judge’s role does not also involve fund-raising activities or otherwise interfere with his/her judicial duties....Fri, 18 Apr 2008 14:31:28 ESThttp://www.nycourts.gov/acoje/opinions/07-157.htmhttp://www.nycourts.gov/acoje/opinions/08-12.htmOpinion 08-12. March 13, 2008. Digest: A Court Attorney - Referee who hears cases in the Small Claims Assessment Review Part, and who, more than two years ago, hired a non-lawyer employee of a tax reduction company to represent him/her on an appeal of his/her property tax assessment, once the representati...Mon, 21 Apr 2008 18:19:39 ESThttp://www.nycourts.gov/acoje/opinions/08-12.htmhttp://www.nycourts.gov/acoje/opinions/08-76_08-84_08-88_08-89.htmJOINT OPINION 08-76, 08-84, 08-88 and 08-89. April 24, 2008. Digest: As long as a State-paid judge believes he/she can be fair and impartial, in view of the lawsuit filed by the Chief Judge seeking a judicial salary increase, a judge need not recuse him/herself, when, in an unrelated action: 1) a State Legisla...Mon, 28 Apr 2008 20:20:59 ESThttp://www.nycourts.gov/acoje/opinions/08-76_08-84_08-88_08-89.htmhttp://www.nycourts.gov/acoje/opinions/93-132.htmOpinion 93-132. December 9, 1993. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.Digest: A judge is not required to disqualify himself or herself from cases in which the judge’s law clerk was the district attorney. However, the law...Mon, 19 May 2008 20:16:01 ESThttp://www.nycourts.gov/acoje/opinions/93-132.htmhttp://www.nycourts.gov/acoje/opinions/96-125.htmOpinion 96-125. December 12, 1996. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.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. How...Mon, 19 May 2008 20:16:02 ESThttp://www.nycourts.gov/acoje/opinions/96-125.htmhttp://www.nycourts.gov/acoje/opinions/04-86.htmOpinion 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...Wed, 14 May 2008 19:39:46 ESThttp://www.nycourts.gov/acoje/opinions/04-86.htmhttp://www.nycourts.gov/acoje/opinions/98-16.htmNOTE: For further guidance, see also 22 NYCRR 100.4(C)3)b)ii) (discussing certain exceptions to the rule discussed in Opinion 98-16) Opinion 04-141 (if the judge’s presence and role as presenter of the award are not advertised, a judge may introduce and present an award to an honoree at a not-for-pr...Thu, 08 May 2008 18:23:54 ESThttp://www.nycourts.gov/acoje/opinions/98-16.htmhttp://www.nycourts.gov/acoje/opinions/02-112.htmOpinion 02-112. October 24, 2002. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.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...Mon, 19 May 2008 20:15:53 ESThttp://www.nycourts.gov/acoje/opinions/02-112.htmhttp://www.nycourts.gov/acoje/opinions/96-115.htmOpinion 96-115. October 11, 1996. Digest: It is improper for a judge to permit the use of his/her home as the site of an animal fund-raising event for a neighborhood youth organization.Rules: 22 NYCRR 100.4 ( C)3) 100.4( C)3)b)i). Opinion:. A judge asks if he/she may donate the use of his/her home as the site of an...Mon, 12 May 2008 15:00:33 ESThttp://www.nycourts.gov/acoje/opinions/96-115.htmhttp://www.nycourts.gov/acoje/opinions/06-110.htmOpinion 06-110. September 7, 2006. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.Digest: If a judge believes he/she can be impartial, the judge may preside over matters in which (i) an attorney who commenced a suit against the judg...Mon, 19 May 2008 20:15:57 ESThttp://www.nycourts.gov/acoje/opinions/06-110.htmhttp://www.nycourts.gov/acoje/opinions/90-98.htmNOTE: The Rules Governing Judicial Conduct were amended in 1996. Please see new Rule 100.4(C)3)b)ii) (a judge may accept an unadvertised award ancillary to a not-for-profit organization’s fund-raising event) and Opinion 04-141 (a judge may introduce and present an award to an honoree at a not-for-pr...Thu, 08 May 2008 18:23:53 ESThttp://www.nycourts.gov/acoje/opinions/90-98.htmhttp://www.nycourts.gov/acoje/opinions/07-64.htmOpinion 07-64. April 19, 2007. Digest: A candidate for election to judicial office who is unable to attend a politically sponsored function to be held during the candidate’s Window Period, may purchase up to two tickets to the function and send up to two bona fide campaign representatives to attend on his/her behalf....Mon, 19 May 2008 20:15:59 ESThttp://www.nycourts.gov/acoje/opinions/07-64.htmhttp://www.nycourts.gov/acoje/opinions/91-152.htmOpinion 91-152. December 5, 1991. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.Digest: A judge’s law clerk, who was formerly an assistant district attorney, may assist the judge on all matters on which the law clerk worked or obt...Mon, 19 May 2008 20:16:01 ESThttp://www.nycourts.gov/acoje/opinions/91-152.htmhttp://www.nycourts.gov/acoje/opinions/99-48.htmOpinion 99-48. March 11, 1999. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.Digest: A judge (1) should insulate the judge's law clerk from any involvement in cases worked on by the law clerk while employed at a law firm and wh...Mon, 19 May 2008 20:16:06 ESThttp://www.nycourts.gov/acoje/opinions/99-48.htmhttp://www.nycourts.gov/acoje/opinions/07-192.htmOpinion 07-192. December 6, 2007. Digest: A judge should not disclose the substance of an ex parte communication that is deemed privileged under CPLR §4503, but should disclose the substance of an ex parte communication about disputed evidentiary facts, or other information which addresses the merits of a pending case....Fri, 09 May 2008 14:44:31 ESThttp://www.nycourts.gov/acoje/opinions/07-192.htmhttp://www.nycourts.gov/acoje/opinions/07-210.htmOpinion 07-210. January 31, 2008. Digest: A full-time judge may serve on the Board of Directors of a not-for profit New York State Public Benefit Corporation created for the purpose of operating a not-for-profit public hospital and cancer research center if such entity is not a governmental committee or commission....Fri, 16 May 2008 16:27:47 ESThttp://www.nycourts.gov/acoje/opinions/07-210.htmhttp://www.nycourts.gov/acoje/opinions/08-57.htmOpinion 08-57. May 2, 2008. Dear Judge. This responds to your inquiry (08-57) about the propriety of accepting a position in the town highway department in the same town where you serve as Town Justice.In Opinion 00-62, the Advisory Committee concluded that a part-time judge may be employed as a labor...Fri, 02 May 2008 18:36:43 ESThttp://www.nycourts.gov/acoje/opinions/08-57.htmhttp://www.nycourts.gov/acoje/opinions/08-70.htmOpinion 08-70. May 1, 2008. Dear Judge. This responds to your inquiry (08-70) in which you asked whether you should report a fellow judge for informing you that one of the jurors in a case pending before you was his wife’s doctor. You are not obligated to report the judge. Rather, the question whether you are requ...Fri, 02 May 2008 18:36:47 ESThttp://www.nycourts.gov/acoje/opinions/08-70.htmhttp://www.nycourts.gov/acoje/opinions/08-74.htmOpinion 08-74. May 2, 2008. Dear Judge. This responds to your inquiry (08-74) in which you asked whether judges are subject to limits in announcing their availability to perform marriage ceremonies and in receiving reimbursement of expenses.The rules of the Chief Administrator provide that, inter alia, “a] full-tim...Fri, 02 May 2008 18:36:50 ESThttp://www.nycourts.gov/acoje/opinions/08-74.htmhttp://www.nycourts.gov/acoje/opinions/07-178.htmOpinion 07-178. December 6, 2007. Digest: A judge may accompany his/her minor child to Family Court when the child testifies as the complainant in a juvenile delinquency case.Rules: 22 NYCRR 100.2; 100.2(A)C) 100.3(B)6)100.4(E)1) Opinions 07-205; 06-101; 03-125; 99-114 (Vol. XVIII)Opinion:. A judge asks if it is eth...Tue, 06 May 2008 20:23:49 ESThttp://www.nycourts.gov/acoje/opinions/07-178.htmhttp://www.nycourts.gov/acoje/opinions/00-66.htmOpinion 00-66. September 14, 2000. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.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 ...Mon, 19 May 2008 20:15:51 ESThttp://www.nycourts.gov/acoje/opinions/00-66.htmhttp://www.nycourts.gov/acoje/opinions/08-71.htmOpinion 08-71. April 24, 2008. Digest: (1) A judge whose law clerk was formerly a non-supervisory staff attorney for a Legal Aid organization may preside over criminal cases in which a defendant is currently represented by Legal Aid, but should insulate the law clerk and disclose the prior employment when...Mon, 19 May 2008 20:12:12 ESThttp://www.nycourts.gov/acoje/opinions/08-71.htmhttp://www.nycourts.gov/acoje/opinions/07-105 and 07-119.htmJoint Opinion 07-105/119. April 24, 2008. Digest: A judge whose law clerk formerly worked for a government law office may preside when his/her law clerk’s former employer appears in a proceeding, but should insulate the law clerk and disclose the prior employment when the law clerk was personally involved in the cas...Mon, 19 May 2008 20:12:12 ESThttp://www.nycourts.gov/acoje/opinions/07-105 and 07-119.htmhttp://www.nycourts.gov/acoje/opinions/99-91.htmOpinion 99-91. September 14, 1999. NOTE: This opinion has been modified by Joint Opinion 07-105/07-119 to the extent it is inconsistent or silent on the topic of recusal.Digest: (1)a) The judge is required to insulate the judge's court attorney from any involvement in matters worked on by the court attorney while previ...Mon, 19 May 2008 20:16:07 ESThttp://www.nycourts.gov/acoje/opinions/99-91.htmhttp://www.nycourts.gov/acoje/opinions/07-183.htmOpinion 07-183. January 2, 2008. This responds to your inquiry (07-183) about whether you may attend and receive an award at a recognition reception sponsored by the [ ] Program, Inc. The [ ] Program is a community organization that offers “inclusive, innovative approaches to resolve conflict and achieve po...Wed, 21 May 2008 24:04:15 ESThttp://www.nycourts.gov/acoje/opinions/07-183.htmhttp://www.nycourts.gov/acoje/opinions/03-59.htmOpinion 03-59. September 4, 2003. Digest: Under the circumstances presented, a judge whose court attorney has been contacted by telephone by another judge concerning a matter involving a friend of the caller, in which the question was raised of getting the inquiring judge to recuse him/herself so that the fr...Wed, 21 May 2008 13:57:42 ESThttp://www.nycourts.gov/acoje/opinions/03-59.htmhttp://www.nycourts.gov/acoje/opinions/02-84.htmOpinion 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 89-150 (Vol. V) 97-14 (Vol.XV). Opinion:. A judge has been invited to co-chair a professional ethics committee of a local bar association. The...Wed, 21 May 2008 15:02:09 ESThttp://www.nycourts.gov/acoje/opinions/02-84.htmhttp://www.nycourts.gov/acoje/opinions/96-71.htmOpinion 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...Thu, 22 May 2008 18:24:31 ESThttp://www.nycourts.gov/acoje/opinions/96-71.htmhttp://www.nycourts.gov/acoje/opinions/08-52.htmOpinion 08-52. March 13, 2008. Digest: A judge who is awaiting Court of Appeals review of an adverse determination by the Commission on Judicial Conduct may not accept contributions toward the expenses of his/her appeal.Rules: 22 NYCRR 100.1; 100.2(A)B)C) 100.4(D)5) Opinions 03-12; 97-94 (Vol. XVI) 96-33 (Vol. XIV). ...Thu, 22 May 2008 18:25:07 ESThttp://www.nycourts.gov/acoje/opinions/08-52.htmhttp://www.nycourts.gov/acoje/opinions/07-124.htmOpinion 07-124. September 6, 2007. Digest: Town and village justices may, at the invitation of county legislators, publicly address the County Legislature about the assignment of indigent defense services by the County Public Defenders Office, but must refrain from commenting about pending or impending cases,...Thu, 22 May 2008 18:25:05 ESThttp://www.nycourts.gov/acoje/opinions/07-124.htmhttp://www.nycourts.gov/acoje/opinions/08-61.htmOpinion 08-61. April 24, 2008. Digest: A judge may donate $600 to a not-for-profit charitable organization for tickets to a gala benefit and may donate the use of a marital vacation home titled in his/her spouse’s name as a prize for the organization’s fund-raising auction.Rules: 22 NYCRR 100.2(C) ...Thu, 29 May 2008 24:57:57 ESThttp://www.nycourts.gov/acoje/opinions/08-61.htmhttp://www.nycourts.gov/acoje/opinions/07-179.htmOpinion 07-179. December 6, 2007. Digest: A judge may participate in a video, retrospective of a law school’s clinical program, to be displayed during a fund-raising dinner as part of an anniversary celebration of the program, and that video may also be used after the celebration as a fund-raising tool for t...Thu, 29 May 2008 20:17:51 ESThttp://www.nycourts.gov/acoje/opinions/07-179.htmhttp://www.nycourts.gov/acoje/opinions/04-35.htmOpinion 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 pri...Fri, 30 May 2008 19:57:12 ESThttp://www.nycourts.gov/acoje/opinions/04-35.htmhttp://www.nycourts.gov/acoje/opinions/08-35.htmOpinion 08-35. March 13, 2008. Digest: A judge may include a defensive driving program that specifically targets drivers who are under age 25 on a list of defensive driving programs that defendants may complete as part of their sentences for committing traffic-related offenses. The judge must advise such ...Mon, 09 Jun 2008 16:35:24 ESThttp://www.nycourts.gov/acoje/opinions/08-35.htmhttp://www.nycourts.gov/acoje/opinions/08-72.htmOpinion 08-72. June 5, 2008. Dear Judge:. This responds to your inquiry (08-72) in which you ask whether you may engage in outside employment relative to your status as a licensed [boat pilot] While the Committee sympathizes with the present financial situation of all New York State Judges, the Rules governing Judic...Mon, 09 Jun 2008 16:35:26 ESThttp://www.nycourts.gov/acoje/opinions/08-72.htmhttp://www.nycourts.gov/acoje/opinions/07-214.htmOpinion 07-214. March 28, 2008. We have received your inquiry dated December 26, 2007, in which you ask whether you may continue to hold the position of election machine custodian in your county after having been appointed an Acting Village Justice.A part-time judge may accept certain private or pu...Mon, 16 Jun 2008 16:34:09 ESThttp://www.nycourts.gov/acoje/opinions/07-214.htmhttp://www.nycourts.gov/acoje/opinions/07-187.htmOpinion 07-187. December 6, 2007. Digest: A recently-elected judge may retain a small portion of unexpended campaign funds to pay for tickets to political events that the judge will attend during his/her Window Period and for a modest victory reception to be held during his/her Window Period and may return t...Mon, 16 Jun 2008 16:34:37 ESThttp://www.nycourts.gov/acoje/opinions/07-187.htmhttp://www.nycourts.gov/acoje/opinions/01-108.htmOpinion 01-108. October 25, 2001. Digest: Under the circumstances presented, the spouse of a village police officer 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....Wed, 18 Jun 2008 24:34:27 ESThttp://www.nycourts.gov/acoje/opinions/01-108.htmhttp://www.nycourts.gov/acoje/opinions/98-123.htmTHIS OPINION WAS MODIFIED BY. OPINION 00-124. PLEASE REFER TO THE NEW OPINION BEFORE RELYING ON THE CONTENTS OF THIS PRIOR RESPONSE.. Opinion 98-123. December 3, 1998. Digest: (1) A judge may serve on the board of directors of not-for-profit youth organizations that are of an educational, charitable, cultural, frater...Thu, 19 Jun 2008 13:31:10 ESThttp://www.nycourts.gov/acoje/opinions/98-123.htmhttp://www.nycourts.gov/acoje/opinions/07-189.htmOctober 18, 2007. Opinion 07-189. Digest: A judge’s personal appointee who is a candidate for non-judicial elective office may, as part of his/her own campaign for public office, purchase tickets to fundraisers and other political functions without regard to the spending limits of Rule 100.5(A)2)v) and Rule 100.5(C)2)...Fri, 20 Jun 2008 20:02:31 ESThttp://www.nycourts.gov/acoje/opinions/07-189.htmhttp://www.nycourts.gov/acoje/opinions/95-41.htmPLEASE NOTE: A new Section 100.4(C)3)b)iv) was promulgated in 1996 to provide as follows: “A judge as an officer, director, trustee or non-legal advisor, or a member or otherwise [of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit] . . . (iv)...Tue, 24 Jun 2008 19:26:41 ESThttp://www.nycourts.gov/acoje/opinions/95-41.htmhttp://www.nycourts.gov/acoje/opinions/07-121 .htmJoint Opinion 07-78 and 07-121. September 6, 2007. Digest: A Family Court judge who also presides in a Problem Solving Court is not required to exercise recusal when a party appearing in the Family Court also appeared before the judge in a Problem Solving Court, unless the judge believes that he/she ...Thu, 26 Jun 2008 19:20:47 ESThttp://www.nycourts.gov/acoje/opinions/07-121 .htmhttp://www.nycourts.gov/acoje/opinions/07-78 .htmJoint Opinion 07-78 and 07-121. September 6, 2007. Digest: A Family Court judge who also presides in a Problem Solving Court is not required to exercise recusal when a party appearing in the Family Court also appeared before the judge in a Problem Solving Court, unless the judge believes that he/she ...Thu, 26 Jun 2008 19:21:08 ESThttp://www.nycourts.gov/acoje/opinions/07-78 .htmhttp://www.nycourts.gov/acoje/opinions/joint opinion 07-78 and 07-121 .htmJoint Opinion 07-78 and 07-121. September 6, 2007. Digest: A Family Court judge who also presides in a Problem Solving Court is not required to exercise recusal when a party appearing in the Family Court also appeared before the judge in a Problem Solving Court, unless the judge believes that he/she ...Thu, 26 Jun 2008 19:53:39 ESThttp://www.nycourts.gov/acoje/opinions/joint opinion 07-78 and 07-121 .htmhttp://www.nycourts.gov/acoje/opinions/90-199.htmOpinion 90-199. January 24, 1991. Digest: A part-time judge who practices law may appear before a part-time judge who has officially retired from the practice of law.Rules: 22 NYCRR §100.5(f) 22 NYCRR §118.1(a) and (g). Opinion:. A part-time judge inquires whether a judge who practices law may appear bef...Mon, 30 Jun 2008 24:34:50 ESThttp://www.nycourts.gov/acoje/opinions/90-199.htmhttp://www.nycourts.gov/acoje/opinions/07-120.htmJoint Opinion 07-114 and 07-120. September 6, 2007. Digest: (1) A judge must exercise recusal, subject to remittal, in cases where the judge’s first cousin appears as an attorney, but need not disclose or recuse where other attorneys from the cousin’s law firm appear. (2) A judge must disqualify himse...Mon, 30 Jun 2008 24:42:14 ESThttp://www.nycourts.gov/acoje/opinions/07-120.htmhttp://www.nycourts.gov/acoje/opinions/07-114.htmJoint Opinion 07-114 and 07-120. September 6, 2007. Digest: (1) A judge must exercise recusal, subject to remittal, in cases where the judge’s first cousin appears as an attorney, but need not disclose or recuse where other attorneys from the cousin’s law firm appear. (2) A judge must disqualify himse...Mon, 30 Jun 2008 24:42:12 ESThttp://www.nycourts.gov/acoje/opinions/07-114.htmhttp://www.nycourts.gov/acoje/opinions/07-115.htmOpinion 07-115. September 6, 2007. Digest: A judge should not create, maintain and/or produce information about court cases specifically and exclusively for the benefit of the District Attorney’s Office.Rules: UJCA § 2019-a; 22 NYCRR 100.1; 100.2(A) Opinions 96-150 (Vol. XV) 96-111 (Vol. XIV). A town justice asks if it...Mon, 30 Jun 2008 24:58:15 ESThttp://www.nycourts.gov/acoje/opinions/07-115.htmhttp://www.nycourts.gov/acoje/opinions/08-97.htmOpinion 08-97. June 23, 2008. Dear Justice:. This responds to your recent inquiry (08-97) asking whether you are ethically obligated to disclose a telephone conversation by a political candidate running against a member of the assembly who is associated with a law firm engaged in a matter pending before you. You indica...Mon, 30 Jun 2008 13:29:42 ESThttp://www.nycourts.gov/acoje/opinions/08-97.htmhttp://www.nycourts.gov/acoje/opinions/08-92.htmOpinion 08-92. June 19, 2008. Dear Judge:. This responds to your inquiry (08-92) about whether you may write a letter in support of nominating a former colleague for a professional award.In Opinion 02-118, the Advisory Committee concluded that a judge could write a letter to support a local bar association’s no...Mon, 30 Jun 2008 13:29:41 ESThttp://www.nycourts.gov/acoje/opinions/08-92.htmhttp://www.nycourts.gov/acoje/opinions/08-77.htmJoint Opinion 07-185, 08-68, 08-77. April 24, 2008. Digest: (1) A Town or Village Justice may, subject to all applicable statutory provisions concerning confidential information or sealed records, share information with members of the public, the media and the parties who appear in the court that he/s...Mon, 30 Jun 2008 13:29:39 ESThttp://www.nycourts.gov/acoje/opinions/08-77.htmhttp://www.nycourts.gov/acoje/opinions/08-68.htmJoint Opinion 07-185, 08-68, 08-77. April 24, 2008. Digest: (1) A Town or Village Justice may, subject to all applicable statutory provisions concerning confidential information or sealed records, share information with members of the public, the media and the parties who appear in the court that he/s...Mon, 30 Jun 2008 13:29:38 ESThttp://www.nycourts.gov/acoje/opinions/08-68.htmhttp://www.nycourts.gov/acoje/opinions/08-62.htmOpinion 08-62. June 6, 2008. Digest: The Advisory Committee cannot advise an inquiring judge where the ethical issues raised within the inquiry are couched within larger legal issues which must first be determined by the inquiring judge.Rules: 22 NYCRR 100.2(A) 100.3(B)1) 100.3(B)6) Opinions 07-192; 04-123.. Opinion:. ...Mon, 30 Jun 2008 13:29:35 ESThttp://www.nycourts.gov/acoje/opinions/08-62.htmhttp://www.nycourts.gov/acoje/opinions/08-42.htmOpinion 08-42. June 6, 2008. Digest: A lawyer who is a non-judge candidate for elective judicial office may accept employment from another candidate or from a political party as an election law expert who may be called upon to advocate for a candidate in court only if (1) he/she is formally retained so ...Mon, 30 Jun 2008 13:29:33 ESThttp://www.nycourts.gov/acoje/opinions/08-42.htmhttp://www.nycourts.gov/acoje/opinions/08-116.htmOpinion 08-116. June 6, 2008. Digest: A judge should not participate in a panel discussion of offender accountability and court compliance calendars at a domestic violence training program sponsored by a domestic violence advocacy group.Rules: 22 NYCRR 100.2(A) 100.4(A)1) Opinions 06-108; 05-134; 05-62; 04-59; ...Mon, 30 Jun 2008 13:29:28 ESThttp://www.nycourts.gov/acoje/opinions/08-116.htmhttp://www.nycourts.gov/acoje/opinions/08-114.htmOpinion 08-114. June 6, 2008. Digest: A judicial association may respond by letter to a public statement by the Commission on Judicial Conduct relating to the administration of justice, as long as the response does not comment on any pending or impending matter.Rules: Jud. Law 212(2)l) 22 NYCRR 100.3[B]8] 100.4...Mon, 30 Jun 2008 13:29:12 ESThttp://www.nycourts.gov/acoje/opinions/08-114.htmhttp://www.nycourts.gov/acoje/opinions/08-100.htmOpinion 08-100. June 19, 2008. Dear Judge:. Pursuant to your recent inquiry (08-100) the Committee has carefully considered your request to reconsider Joint Opinion 08-76/08-84/08-88/08-89, and it adheres to its original determination.Sincerely,. George D. Marlow. Justice of the Supreme Court. Committee Chair. ...Mon, 30 Jun 2008 13:29:12 ESThttp://www.nycourts.gov/acoje/opinions/08-100.htmhttp://www.nycourts.gov/acoje/opinions/07-193.htmOpinion 07-193. December 6, 2007. Digest: A judge whose house was burglarized by an individual the judge had sentenced to prison for a different crime may appear in court when the defendant is sentenced for the burglary and speak about any matter relevant to sentence....Mon, 30 Jun 2008 13:29:10 ESThttp://www.nycourts.gov/acoje/opinions/07-193.htmhttp://www.nycourts.gov/acoje/opinions/07-186.htmOpinion 07-186. June 13, 2008. Dear Judge. This responds to your inquiry (07-186) about the propriety of holding arraignments after regular court hours. You indicate that you regularly receive requests to do so from the police for a variety of reasons including a defendant’s mental or physical health issues, a lack o...Mon, 30 Jun 2008 13:29:08 ESThttp://www.nycourts.gov/acoje/opinions/07-186.htmhttp://www.nycourts.gov/acoje/opinions/07-185.htmJoint Opinion 07-185, 08-68, 08-77. April 24, 2008. Digest: (1) A Town or Village Justice may, subject to all applicable statutory provisions concerning confidential information or sealed records, share information with members of the public, the media and the parties who appear in the court that he/s...Mon, 30 Jun 2008 13:29:06 ESThttp://www.nycourts.gov/acoje/opinions/07-185.htmhttp://www.nycourts.gov/acoje/opinions/07-184.htmOpinion 07-184. December 6, 2007. Digest: A full-time judge may not serve on a Bar Association Professional Performance Committee that reviews allegations of attorney misconduct, makes findings concerning such allegations, and transmits such findings to the judicial department’s grievance committee for further review....Mon, 30 Jun 2008 13:29:03 ESThttp://www.nycourts.gov/acoje/opinions/07-184.htmhttp://www.nycourts.gov/acoje/opinions/96-133.htmOpinion 96-133. March 13, 1997. Digest: The local Chief of Police should not be employed as Court Attendant in the Town Court.. Rules: 22 NYCRR 100.1, 100.3, 100.3(C)2) Opinion 96-64. Opinion:. The three judges of a Town Court inform the Committee that the Chief of Police of a local police department is also employed ...Tue, 01 Jul 2008 13:52:13 ESThttp://www.nycourts.gov/acoje/opinions/96-133.htmhttp://www.nycourts.gov/acoje/opinions/07-161.htmInquiry 07-161. October 10, 2007. Digest: (1) A Judge may not serve as a member of the advisory board of a dispute resolution center to which the judge regularly refers cases.2) A Judge may participate in a fund-raising golf tournament, that funds . school scholarships in memory of the judge’s decea...Tue, 01 Jul 2008 16:49:43 ESThttp://www.nycourts.gov/acoje/opinions/07-161.htmhttp://www.nycourts.gov/acoje/opinions/97-130.htmJoint Opinion 97-130/97-147. 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 ...Wed, 02 Jul 2008 15:26:31 ESThttp://www.nycourts.gov/acoje/opinions/97-130.htmhttp://www.nycourts.gov/acoje/opinions/07-158.htmOpinion 07-158. October 18, 2007. Digest: A part-time judge, who also is a law school professor who selects local attorneys to assist with teaching a trial advocacy course, should disclose that relationship when any such attorney appears in the judge’s court. Disqualification upon objection is discretionary,...Wed, 02 Jul 2008 18:00:31 ESThttp://www.nycourts.gov/acoje/opinions/07-158.htmhttp://www.nycourts.gov/acoje/opinions/07-196.htmOpinion 07-196. December 6, 2007. Digest: In the absence of any legal incompatibility in the positions, a town justice may allow a full-time bookkeeper, office manager and receptionist for the town to also serve as town court clerk.Rules: 22 NYCRR 100.2(A) 100.3(C)2) 101.1; Opinions 07-85; 03-22; 98-59 (Vo...Wed, 02 Jul 2008 18:00:34 ESThttp://www.nycourts.gov/acoje/opinions/07-196.htmhttp://www.nycourts.gov/acoje/opinions/07-201.htmOpinion 07-201. December 6, 2007. Digest: A judge who is certified by the National Rifle Association as a pistol instructor may continue to teach a pistol safety course, but must avoid discussing any pending or impending cases and must not convey a predisposition to decide cases in a particular way....Wed, 02 Jul 2008 18:00:35 ESThttp://www.nycourts.gov/acoje/opinions/07-201.htmhttp://www.nycourts.gov/acoje/opinions/08-101.htmOpinion 08-101. June 27, 2008. Dear Justice:. The Committee has received your inquiry dated May 14, 2008, in which you ask whether you may be an honoree of the Government Service Award given by the [not-for-profit] Association if the award is ancillary to the event and not advertised. The Commit...Wed, 02 Jul 2008 18:00:37 ESThttp://www.nycourts.gov/acoje/opinions/08-101.htmhttp://www.nycourts.gov/acoje/opinions/08-102.htmOpinion 08-102. June 30, 2008. Dear Justice:. Your inquiry (08-102) dated May 16, 2008 asks whether you are disqualified from presiding in a case the former village attorney presently has before you, and in all future zoning cases the current village attorney might bring before you.The fact that your law pa...Wed, 02 Jul 2008 18:00:38 ESThttp://www.nycourts.gov/acoje/opinions/08-102.htmhttp://www.nycourts.gov/acoje/opinions/08-110.htmOpinion 08-110. June 30, 2008. Dear Justice :. The Committee has received your inquiry dated May 29, 2008 in which you ask if you may serve on the [ ]Law School class of 1978 reunion committee and whether you may actively participate in the solicitation of donations for the benefit of the law school....Wed, 02 Jul 2008 18:00:38 ESThttp://www.nycourts.gov/acoje/opinions/08-110.htmhttp://www.nycourts.gov/acoje/opinions/90-19.htmNOTE: This Opinion is modified by Opinions 91-124, 00-50, and 07-61. Please review those Opinions before relying on Opinion 90-19.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). Opinion:. A full-time judge inquire...Thu, 10 Jul 2008 13:54:03 ESThttp://www.nycourts.gov/acoje/opinions/90-19.htmhttp://www.nycourts.gov/acoje/opinions/95-153.htmOpinion 95 - 153. December 14, 1995. Digest: A judge may provide a recommendation on behalf of the judge’s court attorney who is seeking a change in employment.Rules: 22 NYCRR 100.2. Opinion:. A full-time judge asks whether a reference may be provided on behalf of the judge’s court attorney who is contemplating a cha...Mon, 14 Jul 2008 24:36:02 ESThttp://www.nycourts.gov/acoje/opinions/95-153.htmhttp://www.nycourts.gov/acoje/opinions/96-11.htmOpinion 96-11. March 12, 1996. Digest: 1. A full-time judge may continue ownership with his/her spouse 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. Opinion:. ...Mon, 14 Jul 2008 24:44:30 ESThttp://www.nycourts.gov/acoje/opinions/96-11.htmhttp://www.nycourts.gov/acoje/opinions/08-106.htmOpinion 08-106. June 6, 2008. Digest: A judge may coordinate a history program and participate as a speaker at the behest of a not-for-profit corporation established for the purposes of preserving the work of a former United States Supreme Court justice. However, the judge may not solicit corporate spons...Mon, 14 Jul 2008 24:39:01 ESThttp://www.nycourts.gov/acoje/opinions/08-106.htmhttp://www.nycourts.gov/acoje/opinions/08-103.htmOpinion 08-103. July 3, 2008. Dear Judge : . This responds to your inquiry (08-103) asking whether it is proper to serve on the Board of Directors of a not-for-profit organization that provides educational information about alcohol and drug abuse, gambling, and other behavior which adversely affect local families. You ...Mon, 14 Jul 2008 24:38:59 ESThttp://www.nycourts.gov/acoje/opinions/08-103.htmhttp://www.nycourts.gov/acoje/opinions/08-01.htmOpinion 08-01. January 31, 2008. Digest: A part-time judge employed as an account executive for a credit card processing service may sell such services to a political committee provided the judge receives reasonable and customary compensation for the services and neither receives nor requests political favo...Mon, 14 Jul 2008 24:38:57 ESThttp://www.nycourts.gov/acoje/opinions/08-01.htmhttp://www.nycourts.gov/acoje/opinions/07-213.htmOpinion 07-213. January 31, 2008. Digest: A judge may display both the emblem for a religious organization and a license plate that identifies the judge as a member of a judges’ organization on his/her car.Rules: 22 NYCRR 100.4(C)3) 100.4(C)3)a)b). Opinion:. A judge asks whether he/she may display both the e...Mon, 14 Jul 2008 24:38:57 ESThttp://www.nycourts.gov/acoje/opinions/07-213.htmhttp://www.nycourts.gov/acoje/opinions/07-211.htmOpinion 07-211. January 31, 2008. Digest: A judge who is not a candidate for elective judicial office may not attend a holiday party hosted by his/her friend who also is a member of Congress when the party is held at a commercial venue and is financed with the friend’s campaign funds....Mon, 14 Jul 2008 24:38:55 ESThttp://www.nycourts.gov/acoje/opinions/07-211.htmhttp://www.nycourts.gov/acoje/opinions/07-194.htmOpinion 07-194. January 31, 2008. Digest: It is ethically permissible for a county court judge’s court attorney to serve as a part-time city court judge. The county judge must, however, insulate the court attorney from any city court case that is appealed to the county court, and must disclose such insulatio...Mon, 14 Jul 2008 24:38:52 ESThttp://www.nycourts.gov/acoje/opinions/07-194.htmhttp://www.nycourts.gov/acoje/opinions/07-177.htmOpinion 07-177. December 6, 2007. Digest: (1) The Committee may not answer questions concerning the validity of a county law that would remove a judge’s authority to assign indigent defense services. (2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substa...Mon, 14 Jul 2008 24:38:52 ESThttp://www.nycourts.gov/acoje/opinions/07-177.htmhttp://www.nycourts.gov/acoje/opinions/98-46.htmOpinion: 98-46. April 23, 1998. Digest: A Court Attorney-Referee may not serve as a delegate to a judicial nominating convention.. Rules: 22 NYCRR 100.5(A)1)c)g) 100.6(A) Opinions: 96-97(Vol. XIV) 96-73/96-80(Vol. XIV) 95-119(Vol. XIII) 94-44(Vol. XII) 88-44(Vol. II)A Court Attorney who is the president of an associ...Mon, 14 Jul 2008 16:26:17 ESThttp://www.nycourts.gov/acoje/opinions/98-46.htmhttp://www.nycourts.gov/acoje/opinions/08-10.htmOpinion 08-10. February 25, 2008. This responds to your inquiry (08-10) concerning whether you are disqualified when an attorney who previously represented you in a private matter appears before you as an assistant public defender while that attorney’s law firm is also currently representing you in another p...Tue, 15 Jul 2008 24:41:54 ESThttp://www.nycourts.gov/acoje/opinions/08-10.htmhttp://www.nycourts.gov/acoje/opinions/89-62.htmOpinion 89-62. May 25, 1989. Topic: Period of time a judge should continue to recuse himself or herself from matters coming before the judge wherein an associate of the judge’s former law partner represents a party.Digest: Depending on all the facts and circumstances of their prior relationship as partners, a judg...Tue, 19 Aug 2008 16:39:45 ESThttp://www.nycourts.gov/acoje/opinions/89-62.htmhttp://www.nycourts.gov/acoje/opinions/87-03.htmOpinion 87-03. Topic: Disqualification; family relationship; judge’s brother is a member of law firm and Public Defender’s Office. The lawyer-brother law firm consists of the brother and at least four other attorneys who practice in that city court. Three of those other attorneys are employed as part-time members ...Mon, 04 Aug 2008 17:55:27 ESThttp://www.nycourts.gov/acoje/opinions/87-03.htmhttp://www.nycourts.gov/acoje/opinions/87-17.htmOpinion 87-17. January 28, 1988. Topic: Appearance of private attorneys who also are part-time village officials in village court, representing private litigantsDigest: Questions as posed cannot be answered by Committee because they primarily relate to professional rather than judicial ethics...Mon, 04 Aug 2008 17:55:29 ESThttp://www.nycourts.gov/acoje/opinions/87-17.htmhttp://www.nycourts.gov/acoje/opinions/88-50.htmOpinion 88-50. September 19, 1988. Topic: An attorney-justice inquires as to the limitations upon the justice and the justice’s partners in representing clients who have cases calendared in his court.Digest: An attorney-justice and the partners of the justice may not represent clients if the case or...Tue, 29 Jul 2008 20:05:18 ESThttp://www.nycourts.gov/acoje/opinions/88-50.htmhttp://www.nycourts.gov/acoje/opinions/88-114.htmOpinion 88-114. December 8, 1988. Topic: Town justice serving as fire department police officer.. 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). Opinion:. A town justice, who is a ...Tue, 05 Aug 2008 15:51:28 ESThttp://www.nycourts.gov/acoje/opinions/88-114.htmhttp://www.nycourts.gov/acoje/opinions/87-28(b).htmOpinion 87-28(b). March 14, 1988. Topic: Extra-judicial Appointment; Conflict of Interest.. Digest: A judge with criminal 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. Opinion:. The Committee has been as...Mon, 04 Aug 2008 17:55:29 ESThttp://www.nycourts.gov/acoje/opinions/87-28(b).htmhttp://www.nycourts.gov/acoje/opinions/88-02.htmOpinion 88-02. January 28, 1988. Topic: Judge applying for school scholarship for child. Digest: Judge may apply for school scholarship for child, but not using judicial stationery, and being prepared for recusal if school thereafter becomes party in litigationRules: 100.2(c). Opinion:. A judge asks whether it i...Mon, 04 Aug 2008 17:55:31 ESThttp://www.nycourts.gov/acoje/opinions/88-02.htmhttp://www.nycourts.gov/acoje/opinions/89-70.htmOpinion 89-70. May 25, 1989. Topic: Attorney serving as village justice in a county where his law partner is a part-time assistant district attorney.Digest: 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 ...Tue, 29 Jul 2008 20:05:19 ESThttp://www.nycourts.gov/acoje/opinions/89-70.htmhttp://www.nycourts.gov/acoje/opinions/93-33.htmOpinion 93-33. March 11, 1993. Digest: A town justice may not serve as a special prosecutor, by appointment of the district attorney’s office, to prosecute zoning violations in the same county in which the justice’s court is located.Rules: 22 NYCRR §100.5(b) and 100.2.. Opinion:. A part-time town justice,...Tue, 29 Jul 2008 20:05:19 ESThttp://www.nycourts.gov/acoje/opinions/93-33.htmhttp://www.nycourts.gov/acoje/opinions/88-148.htmOpinion 88-148. Dec. 8, 1988. Topic: Propriety of town justice serving as part-time hearing officer for a county health department.Digest: A town justice may act as part-time hearing officer for a county health department so long as such employment does not conflict or interfere with the proper performanc...Tue, 05 Aug 2008 20:10:00 ESThttp://www.nycourts.gov/acoje/opinions/88-148.htmhttp://www.nycourts.gov/acoje/opinions/88-155.htmOpinion 88-155. January 12, 1989. Topic: (1) Propriety of interview of judge by counsel for respondents prior to subpoenaed appearance by judge, as a witness, in bar disciplinary proceeding.2) Propriety of judge’s appearance as witness in a bar disciplinary proceeding where appearance may result in judge’s recusal...Tue, 12 Aug 2008 13:51:34 ESThttp://www.nycourts.gov/acoje/opinions/88-155.htmhttp://www.nycourts.gov/acoje/opinions/88-17(a) and 88-25.htmJoint Opinion 88-17(a) and 88-25. Topic: Part-time lawyer-judge or partner of part-time judge appearing as attorney for a party in a civil or criminal matter initiated in the judge’s court but transferred to another court.Digest: A part-time lawyer-judge or a member or associate of the judge is p...Wed, 30 Jul 2008 13:27:15 ESThttp://www.nycourts.gov/acoje/opinions/88-17(a) and 88-25.htmhttp://www.nycourts.gov/acoje/opinions/88-17(b) and 88-34.htmJoint Opinion 88-17(b) 88-34. April 11, 1988. Topic: Disqualification of town justice from hearing a matter where (1) the town is a party to litigation or (2) a town councilman is a private party to litigation or an attorney for a private party.Digest: A town justice need not disqualify himself or herself where the tow...Mon, 04 Aug 2008 17:55:31 ESThttp://www.nycourts.gov/acoje/opinions/88-17(b) and 88-34.htmhttp://www.nycourts.gov/acoje/opinions/88-19.htmOpinion 88-19. March 14, 1988. Topic: Judge serving as an executor and trustee under wills for close friends, including some residents of another state.Digest: A judge may not serve as an executor of a will or as a trustee for friends, even if residents of another state....Mon, 04 Aug 2008 17:55:32 ESThttp://www.nycourts.gov/acoje/opinions/88-19.htmhttp://www.nycourts.gov/acoje/opinions/88-33.htmOpinion 88-33. March 14, 1988. Topic: Participation in fund-raising project for a non-profit organization.. Digest: A judge may not serve as honorary chairman or participate in a fund-raising project involving the preparation and sale of a cookbook for a non-profit organization....Tue, 05 Aug 2008 15:41:51 ESThttp://www.nycourts.gov/acoje/opinions/88-33.htmhttp://www.nycourts.gov/acoje/opinions/88-22.htmOpinion 88-22. March 14, 1988. Topic: Personal friendship with District Attorney.. Digest: A Town Court Justice need not disqualify himself in criminal cases because of his friendship with the District Attorney, when that District Attorney is not personally appearing in the court.Rules: 22 NYCRR 100.3(c). Opinion:. ...Mon, 04 Aug 2008 17:55:32 ESThttp://www.nycourts.gov/acoje/opinions/88-22.htmhttp://www.nycourts.gov/acoje/opinions/93-35.htmOpinion 93-35. March 11, 1993. Digest: A part-time village justice may send an unsolicited letter to a district attorney suggesting 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 justice’s ...Tue, 29 Jul 2008 20:05:21 ESThttp://www.nycourts.gov/acoje/opinions/93-35.htmhttp://www.nycourts.gov/acoje/opinions/88-52.htmOpinion 88-52. May 9, 1988. Topic: Whether a Town Justice, also serving as an Acting Village Justice, must disqualify himself from all matters in which the part-time Village Attorney or his associate appear before him in Town Justice Court representing private clients.Digest: Absent any particular circumstances indica...Tue, 05 Aug 2008 15:41:52 ESThttp://www.nycourts.gov/acoje/opinions/88-52.htmhttp://www.nycourts.gov/acoje/opinions/95-38.htmOpinion 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 client of the judge....Tue, 29 Jul 2008 20:05:21 ESThttp://www.nycourts.gov/acoje/opinions/95-38.htmhttp://www.nycourts.gov/acoje/opinions/88-57.htmOpinion 88-57. May 9, 1988. Topic: Disqualification in conservation matters where Village Justice’s spouse is Regional Forester in charge of state lands.Digest: Village Justice should disqualify herself where the justice’s spouse, who is the Regional Forester in charge of state lands, initiates or dire...Tue, 05 Aug 2008 15:41:52 ESThttp://www.nycourts.gov/acoje/opinions/88-57.htmhttp://www.nycourts.gov/acoje/opinions/89-04.htmOpinion 89-04. February 24, 1989. Topic: Propriety of judge writing a character reference on behalf of a former law clerk in connection with the law clerks’ plea bargain arrangement.Digest: A judge should not write a character reference at the request of a criminal defendant.. Rules: 22 NYCRR 100.2(c). Opinion:. ...Tue, 12 Aug 2008 13:51:36 ESThttp://www.nycourts.gov/acoje/opinions/89-04.htmhttp://www.nycourts.gov/acoje/opinions/88-67.htmOpinion 88-67. June 13, 1988. Topic: Town Justice serving as part-time law clerk to Family Court Judge in the same county.. Digest: A Town Justice may serve as a part-time law clerk to a Family Court Judge in the same county provided any Family Court matters which originated in the inquiring Town J...Tue, 05 Aug 2008 15:51:30 ESThttp://www.nycourts.gov/acoje/opinions/88-67.htmhttp://www.nycourts.gov/acoje/opinions/89-22.htmOpinion 89-22. February 24, 1989. Topic: Supreme Court justice serving as a paid consultant to a weekly dramatic commercial television series.Digest: A judge may not serve as a paid consultant to any profit-oriented business enterprise, including a television series.Rules: 22 NYCRR 100.5(c)2). A Supreme Court justice i...Tue, 12 Aug 2008 13:51:38 ESThttp://www.nycourts.gov/acoje/opinions/89-22.htmhttp://www.nycourts.gov/acoje/opinions/89-67.htmOpinion 89-67. May 25, 1989. Topic: Report of extra-judicial income.. Digest: As of the date of this Opinion, a judge need not file a report under the Chief Administrator’s Rules of Judicial Conduct with respect to income received for legal services completed prior to the judge’s assuming judicial office, or with respe...Tue, 19 Aug 2008 16:39:45 ESThttp://www.nycourts.gov/acoje/opinions/89-67.htmhttp://www.nycourts.gov/acoje/opinions/89-40.htmOpinion 89-40. April 4, 1989. Topic: Whether a town justice may serve as a hearing officer for a county sheriff’s office in a disciplinary proceeding against a county deputy sheriff under section 75 of the Civil Service Law.Digest: A town justice may serve as a hearing officer where such service is...Tue, 12 Aug 2008 13:51:39 ESThttp://www.nycourts.gov/acoje/opinions/89-40.htmhttp://www.nycourts.gov/acoje/opinions/89-44 and 89-60.htmJoint Opinion 89-44 ; 89-60. January 18, 1990. Digest: 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 are...Tue, 19 Aug 2008 16:39:44 ESThttp://www.nycourts.gov/acoje/opinions/89-44 and 89-60.htmhttp://www.nycourts.gov/acoje/opinions/89-54.htmOpinion 89-54. May 25, 1989. Topic: Obligation of judge to report ethical violation by attorney to appropriate disciplinary authorities.Digest: While a judge is required to report substantial ethical misconduct by an attorney to appropriate disciplinary authorities, necessarily the judge first must exercise re...Tue, 19 Aug 2008 16:39:44 ESThttp://www.nycourts.gov/acoje/opinions/89-54.htmhttp://www.nycourts.gov/acoje/opinions/89-73.htmOpinion 89-73. May 25, 1989. Topic: Propriety of a judge writing a character reference letter (1) on behalf of a lawyer awaiting sentence on a felony conviction, or (2) on behalf of a disbarred lawyer seeking reconsideration by the Appellate Division.Digest: A judge, on the judge’s own initiative or ...Tue, 19 Aug 2008 16:39:45 ESThttp://www.nycourts.gov/acoje/opinions/89-73.htmhttp://www.nycourts.gov/acoje/opinions/96-128.htmOpinion 96-128. December 12, 1996. Digest: A judge (1) may not hold a conference with members of the local county criminal defense bar to discuss the judge’s philosophy concerning various criminal law issues; (2) may provide affidavits of fact to be used in pending court proceedings in matters the judge handl...Tue, 29 Jul 2008 20:05:23 ESThttp://www.nycourts.gov/acoje/opinions/96-128.htmhttp://www.nycourts.gov/acoje/opinions/08-27.htmOpinion 08-27. March 13, 2008. Digest: A judge is not disqualified when attorneys, with whom the judge’s personal attorney plans to share office space and clerical staff in exchange for a fixed percentage of the fees he/she charges, appear in the judge’s court.Rules: 22 NYCRR 100.2; 100.2(A) 100.3(E)1) 100.3(F...Fri, 22 Aug 2008 20:30:53 ESThttp://www.nycourts.gov/acoje/opinions/08-27.htmhttp://www.nycourts.gov/acoje/opinions/08-43.htmOpinion 08-43. April 24, 2008. Digest: A candidate for election to judicial office who finances his/her entire campaign with personal funds and neither solicits nor accepts any campaign contributions from any source is not ethically required to form a campaign committee....Wed, 30 Jul 2008 13:26:12 ESThttp://www.nycourts.gov/acoje/opinions/08-43.htmhttp://www.nycourts.gov/acoje/opinions/93-28.htmOpinion 93-28. March 11, 1993. Digest: 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....Tue, 29 Jul 2008 20:11:18 ESThttp://www.nycourts.gov/acoje/opinions/93-28.htmhttp://www.nycourts.gov/acoje/opinions/94-46.htmOpinion 94-46. April 28, 1994. Digest: 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 Administrative Jud...Mon, 04 Aug 2008 17:55:40 ESThttp://www.nycourts.gov/acoje/opinions/94-46.htmhttp://www.nycourts.gov/acoje/opinions/94-05.htmOpinion 94-05. March 10, 1994. Digest: A Surrogate Judge should recuse him/herself 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 is appropriate....Mon, 04 Aug 2008 17:55:36 ESThttp://www.nycourts.gov/acoje/opinions/94-05.htmhttp://www.nycourts.gov/acoje/opinions/94-116.htmOpinion 94-116. January 19, 1995. Digest: A judge may not participate in a television production intended to result in a television series based upon the judge’s judicial experiences and life, for which the judge would receive compensation. Nor may the judge execute a release concerning court proceedings....Mon, 04 Aug 2008 17:55:37 ESThttp://www.nycourts.gov/acoje/opinions/94-116.htmhttp://www.nycourts.gov/acoje/opinions/94-14.htmOpinion 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.Rules: 22 NYCRR §100.2(b). Opinion:. The judges of a Family Co...Mon, 04 Aug 2008 17:55:37 ESThttp://www.nycourts.gov/acoje/opinions/94-14.htmhttp://www.nycourts.gov/acoje/opinions/94-31.htmOpinion 94-31. March 10, 1994. Digest: It is unethical for judges to attend “training sessions” sponsored by a law enforcement agency if the purpose is “to maximize enforcement.Rules: 22 NYCRR 100.2(a) (c). Opinion:. Two part-time local court justices inquire whether it is ethically permissible to accept an invitati...Mon, 04 Aug 2008 17:55:37 ESThttp://www.nycourts.gov/acoje/opinions/94-31.htmhttp://www.nycourts.gov/acoje/opinions/94-33.htmOpinion 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.Rules: 22 NYCRR 100.2(c) Opinion 93-09, Vol. X. Opinion:. A part-time judge who is ...Mon, 04 Aug 2008 17:55:38 ESThttp://www.nycourts.gov/acoje/opinions/94-33.htmhttp://www.nycourts.gov/acoje/opinions/94-37.htmOpinion 94-37. April 28, 1994. Digest: A full-time judge may not serve on a Mayor’s Committee on the Judiciary whose function is to submit recommendations of candidates to the Mayor for appointment to the Family and Criminal Courts, and interim appointments to Civil Court....Mon, 04 Aug 2008 17:55:40 ESThttp://www.nycourts.gov/acoje/opinions/94-37.htmhttp://www.nycourts.gov/acoje/opinions/94-47.htmOpinion 94-47. April 28, 1994. Digest: A judge should disclose the fact to adversary counsel that an attorney and the court reporter are married, in matters where that attorney is appearing and the court reporter is recording the appearance.Rules: 22 NYCRR 100.2. Opinion:. An attorney who appears f...Mon, 04 Aug 2008 17:55:40 ESThttp://www.nycourts.gov/acoje/opinions/94-47.htmhttp://www.nycourts.gov/acoje/opinions/94-52.htmOpinion 94-52. April 28, 1994. Digest: A judge is disqualified from presiding over matters in which the judge’s police lieutenant spouse or the spouse’s command was in any way involved, unless, following disclosure, all parties consent.Rules: 22 NYCRR 100.3(c) and 100.3(d). Opinion:. A judge inquires whether ...Mon, 04 Aug 2008 17:55:41 ESThttp://www.nycourts.gov/acoje/opinions/94-52.htmhttp://www.nycourts.gov/acoje/opinions/94-71.htmOpinion 94-71. September 22, 1994. Digest: 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 years. If mor...Mon, 04 Aug 2008 17:55:43 ESThttp://www.nycourts.gov/acoje/opinions/94-71.htmhttp://www.nycourts.gov/acoje/opinions/94-62.htmOpinion 94-62. June 16, 1994. Digest: 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....Mon, 04 Aug 2008 17:55:41 ESThttp://www.nycourts.gov/acoje/opinions/94-62.htmhttp://www.nycourts.gov/acoje/opinions/94-76.htmOpinion 94-76. September 22, 1994. Digest: A judge is not prohibited from attending social events sponsored by a police association.. Rules: 22 NYCRR 100.5(a). Opinion:. A part-time town judge inquires as to the propriety of local judges attending various functions conducted by county police associations. Also, inquiry...Mon, 04 Aug 2008 17:55:43 ESThttp://www.nycourts.gov/acoje/opinions/94-76.htmhttp://www.nycourts.gov/acoje/opinions/94-88.htmOpinion 94-88. September 22, 1994. Digest: 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 the fee ...Mon, 04 Aug 2008 17:55:44 ESThttp://www.nycourts.gov/acoje/opinions/94-88.htmhttp://www.nycourts.gov/acoje/opinions/94-94.htmOpinion 94-94. November 15, 1994. Digest: A judge is not required to recuse himself/herself because a complaint has been made to 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 he/she can be impartial....Mon, 04 Aug 2008 17:55:44 ESThttp://www.nycourts.gov/acoje/opinions/94-94.htmhttp://www.nycourts.gov/acoje/opinions/94-96.htmOpinion 94-96. November 15, 1994. Digest: 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 defendant is the husband of a town councilwoman.Rules: 22 NYCRR 100.2; 100.3(c)1). Opinion:. A town justice asks wheth...Mon, 04 Aug 2008 17:55:44 ESThttp://www.nycourts.gov/acoje/opinions/94-96.htmhttp://www.nycourts.gov/acoje/opinions/08-54.htmOpinion 08-54. April 24, 2008. Digest: A judge may return unsolicited correspondence to a litigant, which is virtually certain to be an impermissible ex parte communication, without disclosing to counsel or other parties either the return address on the envelope or that he/she received it....Wed, 30 Jul 2008 13:26:15 ESThttp://www.nycourts.gov/acoje/opinions/08-54.htmhttp://www.nycourts.gov/acoje/opinions/95-34.htmOpinion 95-34. March 9, 1995. Digest: 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.Rules: 22 NYCRR 100.4(c) 100.5(b). Opinion:. A full-time judge asks wh...Mon, 04 Aug 2008 17:55:47 ESThttp://www.nycourts.gov/acoje/opinions/95-34.htmhttp://www.nycourts.gov/acoje/opinions/08-55.htmOpinion 08-55. March 13, 2008. Digest: A judge whose parent is a freelance court reporter who may perform work for attorneys who will appear in the judge’s court is not disqualified in every case where the judge’s parent works as a freelance reporter or when a transcript that the judge’s parent prepared i...Wed, 30 Jul 2008 13:26:17 ESThttp://www.nycourts.gov/acoje/opinions/08-55.htmhttp://www.nycourts.gov/acoje/opinions/08-40.htmOpinion 08-40. April 24, 2008. Digest: A candidate for election to judicial office should not engage in joint fundraising activity with a candidate for non-judicial office.Rule: 22 NYCRR 100.0(Q) 100.5(A)1)2) 100.5(A)5) Opinions 03-06; 02-64; 01-99; 91-113 (Vol. VIII). Opinion:. A judge who is running fo...Tue, 05 Aug 2008 15:54:53 ESThttp://www.nycourts.gov/acoje/opinions/08-40.htmhttp://www.nycourts.gov/acoje/opinions/87-26.htmOpinion 87-26. January 28, 1988. Topic: Disqualification by reason of prior employment by municipality.. Digest: Judge who was employed as town attorney and county attorney prior to election is disqualified from sitting on any matter in which he was directly involved; for a reasonable period of time afte...Tue, 29 Jul 2008 13:14:15 ESThttp://www.nycourts.gov/acoje/opinions/87-26.htmhttp://www.nycourts.gov/acoje/opinions/88-53.htmOpinion 88-53. May 9, 1988. Topic: Criminal court judge’s letter of recommendation to the District Attorney regarding a law student’s application for a summer-term appointment.Digest: Criminal court judge may not initially recommend a law student for summer-term employment to the District Attorney, b...Tue, 29 Jul 2008 13:14:17 ESThttp://www.nycourts.gov/acoje/opinions/88-53.htmhttp://www.nycourts.gov/acoje/opinions/95-80.htmOpinion 95-80. June 8, 1995. Digest: A town justice employed part time as an investigator by an attorney who is “of counsel” for a two-attorney 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 tha...Tue, 29 Jul 2008 13:14:19 ESThttp://www.nycourts.gov/acoje/opinions/95-80.htmhttp://www.nycourts.gov/acoje/opinions/08-81.htmOpinion 08-81. April 24, 2008. Digest: A full-time judge may not serve as an advisor to a friend who is developing a fictional show about rookie police officers for commercial television.Rules: 22 NYCRR 100.4(D)3) Opinions 94-116 (Vol. XIII) 89-22 (Vol. III). Opinion:. A full-time judge asks whether he/she can assist a...Wed, 30 Jul 2008 13:26:17 ESThttp://www.nycourts.gov/acoje/opinions/08-81.htmhttp://www.nycourts.gov/acoje/opinions/08-56.htmOpinion 08-56. April 24, 2008. Digest: A part-time judge may be employed as a mechanic with the New York State Office of Parks, Recreation and Historic Preservation. The judge is disqualified from presiding in proceedings involving fellow employees of the agency’s regional office, subject to remittal. The...Tue, 12 Aug 2008 13:23:24 ESThttp://www.nycourts.gov/acoje/opinions/08-56.htmhttp://www.nycourts.gov/acoje/opinions/03-75.htmOpinion 03-75. September 4, 2003. Digest: Under the circumstances, a full-time judge should not serve on an advisory panel of a religious order formed for the purpose of reviewing and considering procedures for handling allegations of sexual misconduct being made against members of the order and the reassign...Tue, 02 Sep 2008 15:43:58 ESThttp://www.nycourts.gov/acoje/opinions/03-75.htmhttp://www.nycourts.gov/acoje/opinions/07-114 and 07-120.htmJoint Opinion 07-114 and 07-120. September 6, 2007. Digest: (1) A judge must exercise recusal, subject to remittal, in cases where the judge’s first cousin appears as an attorney, but need not disclose or recuse where other attorneys from the cousin’s law firm appear. (2) A judge must disqualify himse...Tue, 02 Sep 2008 15:45:50 ESThttp://www.nycourts.gov/acoje/opinions/07-114 and 07-120.htmhttp://www.nycourts.gov/acoje/opinions/97-69.htmOpinion 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...Tue, 02 Sep 2008 15:44:00 ESThttp://www.nycourts.gov/acoje/opinions/97-69.htmhttp://www.nycourts.gov/acoje/opinions/98-25.htmOpinion 98-25. March 12, 1998. Digest: A judge may preside in cases in which the judge's law clerk's spouse who is an attorney, or other attorneys in the spouse's law firm, appear provided the judge discloses the relationship, obtains the consent of the parties and insulates the law clerk from participati...Wed, 03 Sep 2008 24:49:10 ESThttp://www.nycourts.gov/acoje/opinions/98-25.htmhttp://www.nycourts.gov/acoje/opinions/08-73.htmOpinion 08-73. April 24, 2008. Digest: A judge may not form a Political Action Committee (PAC) to advance and influence legislative initiatives that affect the courts and the judiciary.Rules: 22 NYCRR 100.4(C) 100.5(A)1)i)iii) 100.5(A)1)c) (e) (h) Opinion 06-34; 99-158 (Vol. XVIII) 98-101 (Vol. XVII) 98-05 (Vol. XVI)...Fri, 05 Sep 2008 20:31:22 ESThttp://www.nycourts.gov/acoje/opinions/08-73.htmhttp://www.nycourts.gov/acoje/opinions/08-58 and 08-66.htmJoint Opinion 08-58 and 08-66. April 24, 2008. Digest: A non-lawyer, part-time town justice may appear in family court as an advocate for a not-for-profit organization’s client and may accept employment with a Court Appointed Special Advocate program to train and supervise program volunteers, but...Fri, 05 Sep 2008 14:47:08 ESThttp://www.nycourts.gov/acoje/opinions/08-58 and 08-66.htmhttp://www.nycourts.gov/acoje/opinions/97-104 and 97-105.htmJoint Opinion 97-104 and 97-105. September 11, 1997. Digest: (1) A principal law clerk to a 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 prohi...Tue, 09 Sep 2008 18:42:47 ESThttp://www.nycourts.gov/acoje/opinions/97-104 and 97-105.htmhttp://www.nycourts.gov/acoje/opinions/08-87.htmOpinion 08-87. April 24, 2008. Digest: A part-time judge, who is permitted to practice law, may have another attorney or law firm that is “of counsel” to him/her appear in another court in the same county where the judge presides, before another part-time judge who is permitted to practice law....Wed, 10 Sep 2008 18:26:58 ESThttp://www.nycourts.gov/acoje/opinions/08-87.htmhttp://www.nycourts.gov/acoje/opinions/08-86.htmOpinion 08-86. April 24, 2008. Digest: A judge who, after sentencing a criminal defendant, realizes that the sentence was legally incorrect and excessive should notify the defendant’s attorney and the prosecutor of the error.Rules: 22 NYCRR 100.1; 100.2(A) 100.3(B)1) . Opinion:. The inquiring judge sente...Mon, 15 Sep 2008 20:20:54 ESThttp://www.nycourts.gov/acoje/opinions/08-86.htmhttp://www.nycourts.gov/acoje/opinions/08-129.htmOpinion 08-129. September 22, 2008. Dear Judge :. The Committee has received your inquiry dated July 3, 2008, in which you inquire whether your husband is permitted to practice in front of your three fellow judges in city court.While this inquiry would more properly be raised by the judges before whom ...Mon, 22 Sep 2008 19:54:13 ESThttp://www.nycourts.gov/acoje/opinions/08-129.htmhttp://www.nycourts.gov/acoje/opinions/08-117.htmOpinion 08-117. September 22, 2008. Dear Judge :. The Committee received your inquiry on June 6, 2008, in which you ask whether the transfer of a criminal court case to your court by order of a county court judge, whose law clerk happens to be the other city court judge, raises a conflict.The Committee finds no in...Mon, 22 Sep 2008 19:54:13 ESThttp://www.nycourts.gov/acoje/opinions/08-117.htmhttp://www.nycourts.gov/acoje/opinions/08-95.htmOpinion 08-95. June 6, 2008. Digest: A judge who has filed a civil action in a court located in the same densely populated urban county where the judge presides should not disclose his/her judicial status to the judge presiding in such action, but should instruct his/her attorney to notify counsel for a...Mon, 15 Sep 2008 20:20:57 ESThttp://www.nycourts.gov/acoje/opinions/08-95.htmhttp://www.nycourts.gov/acoje/opinions/08-96.htmOpinion 08-96. June 6, 2008. Digest: On the facts presented, an Administrative Judge may transfer a civil case that was commenced in the Supreme Court and subsequently transferred to the court in which the part-time lawyer judge (who represents the defendant) presides, to another court of competent juri...Mon, 15 Sep 2008 20:20:57 ESThttp://www.nycourts.gov/acoje/opinions/08-96.htmhttp://www.nycourts.gov/acoje/opinions/08-143.htmOpinion 08-143. September 22, 2008. Dear Judge :. This responds to your inquiry (08-143) in which you ask whether you may endorse a former litigant’s petition for clemency. This Committee has concluded, under similar circumstances, that it is ethically impermissible to support such a petition. Pleas...Mon, 22 Sep 2008 19:54:14 ESThttp://www.nycourts.gov/acoje/opinions/08-143.htmhttp://www.nycourts.gov/acoje/opinions/08-155.htmOpinion 08-155. September 22, 2008. Dear Judge :. This responds to your inquiry (08-155) in which you ask whether you are obligated to report to the appropriate authorities that a litigant in a matter pending before you testified to violating the terms of a prior criminal conviction/probation and to...Mon, 22 Sep 2008 19:54:14 ESThttp://www.nycourts.gov/acoje/opinions/08-155.htmhttp://www.nycourts.gov/acoje/opinions/08-164.htmOpinion 08-164. September 22, 2008. Dear Justice :. This responds to your inquiry (08-164) in which you ask whether you may be honored by a local community center at a non fund-raising dinner, along with other co-founders of the group. You also express concern that you are listed as “Honorable” on the invitation....Mon, 22 Sep 2008 19:54:14 ESThttp://www.nycourts.gov/acoje/opinions/08-164.htmhttp://www.nycourts.gov/acoje/opinions/04-121.htmOpinion 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.. Full-time judges of the C...Mon, 06 Oct 2008 13:57:07 ESThttp://www.nycourts.gov/acoje/opinions/04-121.htmhttp://www.nycourts.gov/acoje/opinions/88-36.htmOpinion 88-36. April 11, 1988. Topic: Judicial assistance in the preparation of a petition under Article 7 of the Real Property Actions and Proceedings Law.Digest: 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 pr...Mon, 06 Oct 2008 13:55:45 ESThttp://www.nycourts.gov/acoje/opinions/88-36.htmhttp://www.nycourts.gov/acoje/opinions/92-104.htmOVERRULED BY OPINION 06-162. Opinion 92-104. September 24, 1992. Digest: 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.Rules: Canon 7(b)2) of the Code of Judicial Conduct.. A judge asks whether the ...Mon, 06 Oct 2008 13:56:38 ESThttp://www.nycourts.gov/acoje/opinions/92-104.htmhttp://www.nycourts.gov/acoje/opinions/07-123.htmOpinion 07-123. September 26, 2007. This responds to your inquiry (07-123) asking if you may serve as acting village justice and village attorney for the Village of -In Opinion 00-63 (Vol. XIX) this Committee concluded that a part-time town judge cannot also serve as town attorney for the same municipality. The Com...Mon, 06 Oct 2008 13:22:36 ESThttp://www.nycourts.gov/acoje/opinions/07-123.htmhttp://www.nycourts.gov/acoje/opinions/08-94.htmOpinion 08-94. April 24, 2008. Digest: Subject to certain limitations, a part-time judge may also work as a part-time research and writing specialist for a Federal Public Defender’s office.Rules: 22 NYCRR 100.2; 100.2(A) 100.3(A) 100.3(E)1) 100.3(F) 100.6(B)4) Opinions 08-22; 01-87; 95-81 (Vol. XIII)Opinion:. ...Mon, 06 Oct 2008 13:21:39 ESThttp://www.nycourts.gov/acoje/opinions/08-94.htmhttp://www.nycourts.gov/acoje/opinions/08-177.htmOpinion 08-177. September 11, 2008. Digest: A judge may use personal income to purchase items of nominal value to reward participating defendants in a problem solving court. The expenditure of court funds to purchase such items raises administrative, not ethics, issues....Mon, 06 Oct 2008 13:21:37 ESThttp://www.nycourts.gov/acoje/opinions/08-177.htmhttp://www.nycourts.gov/acoje/opinions/90-36.htmOpinion 90-36. March 21, 1990. Hon.. Dear Judge. The Advisory Committee on Judicial Ethics, at its meeting of March 1, 1990, considered your inquiry (90-36) dated February 23, 1990, received at this office on February 27, 1990, concerning ethical problems arising with respect to advising pro se lit...Mon, 06 Oct 2008 13:55:48 ESThttp://www.nycourts.gov/acoje/opinions/90-36.htmhttp://www.nycourts.gov/acoje/opinions/08-99.htmOpinion 08-99. June 6, 2008. Digest: A town justice who discovers evidence that certain court personnel may have engaged in misconduct that suggests the possibility of corruption within the court itself must report all the facts he/she has learned to his/her administrative judge. The town justice may, b...Mon, 06 Oct 2008 14:05:37 ESThttp://www.nycourts.gov/acoje/opinions/08-99.htmhttp://www.nycourts.gov/acoje/opinions/08-144.htmOpinion 08-144. October 2, 2008. Dear Judge :. This responds to your inquiry (08-144) in which you ask whether you or other attorneys in your law firm may continue handling matters in the town court where you have been temporarily assigned to preside over a single landlord tenant case.The Rules Governing Judic...Mon, 06 Oct 2008 14:05:37 ESThttp://www.nycourts.gov/acoje/opinions/08-144.htmhttp://www.nycourts.gov/acoje/opinions/08-105.htmOpinion 08-105. June 6, 2008. Digest: A full-time judge may permit his/her law clerk to serve on a local municipality’s ethics board.Rules: 22 NYCRR Part 50; 100.2; 100.2(A) 100.3(C)2) 100.3(E) 100.5(C) Opinions 06-132; 06-09; 02-43; 01-35 (Vol. XX) 00-108 (Vol. XIX) 99-10 (Vol. XVII)Joint Opinion 97-104/ 9...Mon, 06 Oct 2008 14:05:36 ESThttp://www.nycourts.gov/acoje/opinions/08-105.htmhttp://www.nycourts.gov/acoje/opinions/acje opinions.urlDEFAULT] BASEURL=http:207.29.128.70/search?site=acje&client=acje_frontend&output=xml_no_dtd&proxystylesheet=acje_frontend&proxycustom=3CHOME/3E&filter=0 InternetShortcut] URL=http:search.nycourts.gov/search?site=acje&client=acje_frontend&output=xml_no_dtd&proxystylesheet=acje_frontend&proxycustom=3C...Mon, 06 Oct 2008 14:05:04 ESThttp://www.nycourts.gov/acoje/opinions/acje opinions.urlhttp://www.nycourts.gov/acoje/opinions/ 89-100.htmOpinion 89-100. October 24, 1989. Digest: A judge is not disqualified 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 parties....Mon, 06 Oct 2008 18:32:06 ESThttp://www.nycourts.gov/acoje/opinions/ 89-100.htmhttp://www.nycourts.gov/acoje/opinions/87-09.htmOpinion 87-09. Topic: Acceptance of stipend or payment of stipend to charity, at direction of judge, for judge’s participation as panelist in public forum sponsored by educational institution supported by public monies.Digest: A judge may not accept a stipend or direct its payment to a charity for participation as pan...Mon, 06 Oct 2008 18:32:07 ESThttp://www.nycourts.gov/acoje/opinions/87-09.htmhttp://www.nycourts.gov/acoje/opinions/87-10.htmOpinion 87-10. January 28, 1988. Topic: Appearance by partners or associates of a part-time judge before part-time judges who are attorneys.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 ...Mon, 06 Oct 2008 18:32:07 ESThttp://www.nycourts.gov/acoje/opinions/87-10.htmhttp://www.nycourts.gov/acoje/opinions/87-11.htmOpinion 87-11. Topic: A judge as voluntary party-defendant intervenor in Federal litigation.. Digest: A judge who is a voluntary party-defendant intervenor in a Federal action relating to the constitutionality of the New York City Board of Estimate may continue as a party on appeal to the United States Supreme Court, ...Mon, 06 Oct 2008 18:32:07 ESThttp://www.nycourts.gov/acoje/opinions/87-11.htmhttp://www.nycourts.gov/acoje/opinions/89-102.htmOpinion 89-102. October 24, 1989. Digest: 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 fixing the town justice’s salary, provided that the town supervisor has no interest in this case....Mon, 06 Oct 2008 18:32:09 ESThttp://www.nycourts.gov/acoje/opinions/89-102.htmhttp://www.nycourts.gov/acoje/opinions/89-155.htmOpinion 89-155. January 18, 1990. Digest: A part-time judge may serve as vice-chairman of a county solid waste commission, as a secretary to a town fire district, and as a chair of the annual school board meeting for the presentation of the school budget.Rules: 22 NYCRR 100.5(b). Opinion:. A recently elected part-t...Mon, 06 Oct 2008 18:32:38 ESThttp://www.nycourts.gov/acoje/opinions/89-155.htmhttp://www.nycourts.gov/acoje/opinions/89-74.htmOpinion 89-74. September 12, 1989. Digest: Judge who receives letter from an attorney who is the associate of another attorney who represented a criminal defendant sentenced by judge, which letter demands explanation of reasons for sentence, should report attorney to disciplinary committee if judge concludes ...Mon, 06 Oct 2008 18:32:38 ESThttp://www.nycourts.gov/acoje/opinions/89-74.htmhttp://www.nycourts.gov/acoje/opinions/89-75.htmOpinion 89-75. September 12, 1989. Digest: Judge must report to appropriate authorities apparent misconduct of lawyer if judge believes misconduct was substantial.Ruls: 22 NYCRR 100.3(b)3) Ops. Adv. Comm. Jud. Ethics 89-54, 89-74, 88-85-88-103. Opinion:. A judge recounts that during the course of a trial...Mon, 06 Oct 2008 18:32:38 ESThttp://www.nycourts.gov/acoje/opinions/89-75.htmhttp://www.nycourts.gov/acoje/opinions/89-76.htmOpinion 89-76. September 12, 1989. Digest: A judge whose spouse proposes to contest the probate of the will of the spouse’s deceased parent may testify as a witness in a Surrogate’s Court proceeding as to the judge’s conversations with the decedent and the judge’s observations of the decedent’s demeanor....Mon, 06 Oct 2008 18:32:40 ESThttp://www.nycourts.gov/acoje/opinions/89-76.htmhttp://www.nycourts.gov/acoje/opinions/89-134.htmOpinion 89-134. December 5, 1989. Digest: A newly-elected judge 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 bookkeeping expenses.Rules: 22 NYCRR 100.2(a) 100.5(c)1) and 2. Opinion:. A newly elected full-time...Mon, 06 Oct 2008 18:32:36 ESThttp://www.nycourts.gov/acoje/opinions/89-134.htmhttp://www.nycourts.gov/acoje/opinions/89-148.htmOpinion 89-148. January 18, 1990. Digest: A part-time judge may communicate with alleged traffic offenders who have not appeared to answer traffic tickets, to warn of the possible consequences of not responding to a ticket; however it is preferable that the clerk of the court alone sign the communication....Mon, 06 Oct 2008 18:32:36 ESThttp://www.nycourts.gov/acoje/opinions/89-148.htmhttp://www.nycourts.gov/acoje/opinions/89-154.htmOpinion 89-154. April 5, 1990. 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 Commission on Judicial Conduct where the hearing resulted in a public censure of the judg...Mon, 06 Oct 2008 18:32:36 ESThttp://www.nycourts.gov/acoje/opinions/89-154.htmhttp://www.nycourts.gov/acoje/opinions/89-100.htmOpinion 89-100. October 24, 1989. Digest: A judge is not disqualified 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 parties....Mon, 06 Oct 2008 18:33:27 ESThttp://www.nycourts.gov/acoje/opinions/89-100.htmhttp://www.nycourts.gov/acoje/opinions/89-99.htmOpinion 89-99. October 6, 1989. Dear Justice. The Advisory Committee on Judicial Ethics, at its meeting of September 12, 1989, considered your inquiry (89-99) dated August 3, 1989, and received on August 4, 1989.The Committee concludes that you are obliged to report to the appropriate disciplinary authorities t...Mon, 06 Oct 2008 18:32:45 ESThttp://www.nycourts.gov/acoje/opinions/89-99.htmhttp://www.nycourts.gov/acoje/opinions/89-88.htmOpinion 89-88. September 12, 1989. Digest: Judge whose former client is police officer who requests 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 where attorney was former client of judge as desc...Mon, 06 Oct 2008 18:32:43 ESThttp://www.nycourts.gov/acoje/opinions/89-88.htmhttp://www.nycourts.gov/acoje/opinions/89-87.htmOpinion 89-87. September 12, 1989. Digest: (1) Absent any particular circumstances indicating a personal bias, the mere fact that an acting village justice and a village attorney both are “employees” of the village does not give rise to a disqualifying relationship so as to require the acting justice’s recusa...Mon, 06 Oct 2008 18:32:41 ESThttp://www.nycourts.gov/acoje/opinions/89-87.htmhttp://www.nycourts.gov/acoje/opinions/89-77.htmOpinion 89-77. October 24, 1989. Digest: A County Court judge may serve as a non-voting member of a committee which recommends candidates for appointment as county public defender.Rules: 22 NYCRR 100.4(c). Opinion:. A County Court judge asks whether the judge may serve as a non-voting member of a committee which wi...Mon, 06 Oct 2008 18:32:40 ESThttp://www.nycourts.gov/acoje/opinions/89-77.htmhttp://www.nycourts.gov/acoje/opinions/08-19.htmOpinion 08-19. January 31, 2008. Digest: Subject to the Rules Governing Judicial Conduct, a judge may, in response to a subpoena, testify at a public hearing of the State Commission of Investigation about what the judge has observed in a certain class of cases.Rules: 22 NYCRR 100.1; 100.2(A) 100.3(B)6)e) 100.3...Tue, 07 Oct 2008 24:59:34 ESThttp://www.nycourts.gov/acoje/opinions/08-19.htmhttp://www.nycourts.gov/acoje/opinions/97-01.htmOpinion 97-01. January 23, 1997. Digest: A judge should not write a Foreword 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.. ...Mon, 06 Oct 2008 20:20:47 ESThttp://www.nycourts.gov/acoje/opinions/97-01.htmhttp://www.nycourts.gov/acoje/opinions/07-82.htmOpinion 07-82. September 6, 2007. Digest: A judge who receives a letter from a party complaining about his/her assigned counsel (1) need not disclose the letter to all parties if it addresses only the lawyer’s conduct and/or relationship with the client; (2) should exercise his/her discretion concerning whet...Tue, 07 Oct 2008 11:57:02 ESThttp://www.nycourts.gov/acoje/opinions/07-82.htmhttp://www.nycourts.gov/acoje/opinions/08-23.htmOpinion 08-23. April 24, 2008. Digest: If there is reason to believe that disclosure to the defendant of an ex parte communication made to the judge may result in dangerous consequences to another innocent individual and the judge also determines, in good conscience, that he/she can decide the pending iss...Tue, 07 Oct 2008 11:57:42 ESThttp://www.nycourts.gov/acoje/opinions/08-23.htmhttp://www.nycourts.gov/acoje/opinions/08-145.htmOpinion 08-145. October 5, 2008. Dear Mr. :. This responds to your inquiry (08-145) in which you ask whether, if you decide to run for judicial office, it is ethically permissible to hold office as a part-time village justice while continuing your existing full-time employment as a Public Safety Advocate with the count...Tue, 07 Oct 2008 14:36:54 ESThttp://www.nycourts.gov/acoje/opinions/08-145.htmhttp://www.nycourts.gov/acoje/opinions/07-209.htmOpinion 07-209. February 13, 2008 [Revised May 13, 2008]. A town justice inquires about the propriety of a part-time town justice also serving as village attorney for a village located within the town. The town justice indicates both municipalities maintain justice courts and that the village employs a sepa...Wed, 08 Oct 2008 13:16:51 ESThttp://www.nycourts.gov/acoje/opinions/07-209.htmhttp://www.nycourts.gov/acoje/opinions/08-137.htmOpinion 08-137. October 5, 2008. Dear Judge :. This responds to your inquiry (08-137) in which you ask whether, upon your appointment to a criminal court bench, you may continue to serve as Chair of the New York State Bar Association’s Task Force on Wrongful Convictions, which will involve holdin...Wed, 08 Oct 2008 15:04:43 ESThttp://www.nycourts.gov/acoje/opinions/08-137.htmhttp://www.nycourts.gov/acoje/opinions/88-110.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:06:33 ESThttp://www.nycourts.gov/acoje/opinions/88-110.htmhttp://www.nycourts.gov/acoje/opinions/88-119.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:06:33 ESThttp://www.nycourts.gov/acoje/opinions/88-119.htmhttp://www.nycourts.gov/acoje/opinions/88-151.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:06:35 ESThttp://www.nycourts.gov/acoje/opinions/88-151.htmhttp://www.nycourts.gov/acoje/opinions/88-168.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:06:35 ESThttp://www.nycourts.gov/acoje/opinions/88-168.htmhttp://www.nycourts.gov/acoje/opinions/88-42.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:06:35 ESThttp://www.nycourts.gov/acoje/opinions/88-42.htmhttp://www.nycourts.gov/acoje/opinions/91-31.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:07:23 ESThttp://www.nycourts.gov/acoje/opinions/91-31.htmhttp://www.nycourts.gov/acoje/opinions/92-85.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:07:58 ESThttp://www.nycourts.gov/acoje/opinions/92-85.htmhttp://www.nycourts.gov/acoje/opinions/93-53.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:08:00 ESThttp://www.nycourts.gov/acoje/opinions/93-53.htmhttp://www.nycourts.gov/acoje/opinions/94-08.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:08:00 ESThttp://www.nycourts.gov/acoje/opinions/94-08.htmhttp://www.nycourts.gov/acoje/opinions/96-08.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:09:44 ESThttp://www.nycourts.gov/acoje/opinions/96-08.htmhttp://www.nycourts.gov/acoje/opinions/98-02.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:09:47 ESThttp://www.nycourts.gov/acoje/opinions/98-02.htmhttp://www.nycourts.gov/acoje/opinions/98-44.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:09:47 ESThttp://www.nycourts.gov/acoje/opinions/98-44.htmhttp://www.nycourts.gov/acoje/opinions/98-93.htmNOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organization devoted to the law, the...Tue, 14 Oct 2008 16:09:49 ESThttp://www.nycourts.gov/acoje/opinions/98-93.htmhttp://www.nycourts.gov/acoje/opinions/01-31.htmOpinion 01-31. July 17, 2001. This is in response to your inquiry (01-31) concerning possible publication of a book of short stories based upon your experiences on the bench.We enclose for your consideration Opinion 99-145, which states that the commercial publication of fictional works by a judge ...Thu, 16 Oct 2008 20:33:33 ESThttp://www.nycourts.gov/acoje/opinions/01-31.htmhttp://www.nycourts.gov/acoje/opinions/05-70.htmOpinion 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...Mon, 27 Oct 2008 24:12:58 ESThttp://www.nycourts.gov/acoje/opinions/05-70.htmhttp://www.nycourts.gov/acoje/opinions/04-74.htmOpinion 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 re...Mon, 27 Oct 2008 24:12:58 ESThttp://www.nycourts.gov/acoje/opinions/04-74.htmhttp://www.nycourts.gov/acoje/opinions/08-173.htmOpinion 08-173. November 3, 2008. Hon.. Dear Judge. This responds to your inquiry (08-173) in which you ask whether you may serve as a board member for a parochial elementary school. This Committee has concluded, under similar circumstances, that there is no ethical prohibition against serving as a bo...Wed, 05 Nov 2008 16:40:09 ESThttp://www.nycourts.gov/acoje/opinions/08-173.htmhttp://www.nycourts.gov/acoje/opinions/08-179.htmOpinion 08-179. November 3, 2008. Hon.. Dear Judge. This responds to your inquiry (08-179) in which you ask whether you may participate in your law school’s 25th Anniversary Magazine, which will include your profile and picture. This Committee has concluded, under similar circumstances, that there is ...Wed, 05 Nov 2008 16:40:10 ESThttp://www.nycourts.gov/acoje/opinions/08-179.htmhttp://www.nycourts.gov/acoje/opinions/90-160.htmPlease review Opinion 08-196 before relying on this opinion to calculate the start of the window period for a candidate for Supreme Court.Opinion 90-160. October 23, 1990. Digest: A judge seeking re-election may not commence his or her campaign for re-election until nine months before a primary e...Thu, 13 Nov 2008 15:26:33 ESThttp://www.nycourts.gov/acoje/opinions/90-160.htmhttp://www.nycourts.gov/acoje/opinions/99-97.htmPlease see 22 NYCRR §822.1(b) which prohibits the assignment of city court judges In the Third Department, and town and village justices in the Third Department who are lawyers, to act as counsel pursuant to section 35 of the Judiciary Law or section 722 of the County Law. This includes 18-B assignmSeptember 14, 1999. ...Thu, 13 Nov 2008 16:07:08 ESThttp://www.nycourts.gov/acoje/opinions/99-97.htmhttp://www.nycourts.gov/acoje/opinions/05-29.htmOpinion 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 g...Thu, 06 Nov 2008 19:40:06 ESThttp://www.nycourts.gov/acoje/opinions/05-29.htmhttp://www.nycourts.gov/acoje/opinions/87-12.htmOpinion 87-12(a) (b). Topic: (a) Attendance by judge at a holiday-type party of a law firm or legal agency; (b) attendance by judge at an anniversary celebration of a legal services agency at which the honored guests are elected public officials who are or may be candidates for reelection.Digest: (a) A judge may a...Thu, 06 Nov 2008 17:36:53 ESThttp://www.nycourts.gov/acoje/opinions/87-12.htmhttp://www.nycourts.gov/acoje/opinions/03-49.htmPlease see 22 NYCRR §822.1(b) which prohibits the assignment of city court judges In the Third Department, and town and village justices in the Third Department who are lawyers, to act as counsel pursuant to section 35 of the Judiciary Law or section 722 of the County Law. This includes 18-B assignments.June 12, 2003. ...Thu, 13 Nov 2008 16:07:07 ESThttp://www.nycourts.gov/acoje/opinions/03-49.htmhttp://www.nycourts.gov/acoje/opinions/92-19.htmPlease consult Opinions 05-97, 02-90 and 94-97 and 22 NYCRR 100.0(Q) before relying on this opinion.. Opinion 92-19. January 30, 1992. Digest: A judge who is a candidate for judicial office may ask individual attorneys to join the judge’s campaign committee....Fri, 07 Nov 2008 14:01:36 ESThttp://www.nycourts.gov/acoje/opinions/92-19.htmhttp://www.nycourts.gov/acoje/opinions/97-121.htmPlease review Opinion 08-196 before relying on this opinion to calculate the start of the window period for a candidate for Supreme Court.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 nominat...Thu, 13 Nov 2008 15:26:20 ESThttp://www.nycourts.gov/acoje/opinions/97-121.htmhttp://www.nycourts.gov/acoje/opinions/91-43.htmOpinion 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 fund...Thu, 06 Nov 2008 17:36:56 ESThttp://www.nycourts.gov/acoje/opinions/91-43.htmhttp://www.nycourts.gov/acoje/opinions/03-122a.htmPlease review Opinion 08-196 before relying on this opinion to calculate the start of the window period for a candidate for Supreme Court.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 commen...Thu, 13 Nov 2008 15:26:01 ESThttp://www.nycourts.gov/acoje/opinions/03-122a.htmhttp://www.nycourts.gov/acoje/opinions/90-178.htmPlease consult 22 NYCRR 100.0(Q) and 100.5(A)2)v) before relying on this opinion.. Opinion 90-178. December 11, 1990. Digest: A part-time village justice who is an announced aspirant for the appointed position of interim county court judge may attend a meeting of the county democratic committee held for the purpose o...Fri, 07 Nov 2008 14:01:35 ESThttp://www.nycourts.gov/acoje/opinions/90-178.htmhttp://www.nycourts.gov/acoje/opinions/91-37.htmPlease review Opinion 08-196 before relying on this opinion to calculate the start of the window period for a candidate for Supreme CourtOpinion 91-37. March 14, 1991. Digest: A judge’s campaign committee may solicit funds commencing nine months before the judicial nominating convention, and the judge may attend fund...Thu, 13 Nov 2008 15:26:27 ESThttp://www.nycourts.gov/acoje/opinions/91-37.htmhttp://www.nycourts.gov/acoje/opinions/03-26.htmPlease see 22 NYCRR §822.1(b) which prohibits the assignment of city court judges In the Third Department, and town and village justices in the Third Department who are lawyers, to act as counsel pursuant to section 35 of the Judiciary Law or section 722 of the County Law. This includes 18-B assignmDecember 21, 2004. ...Thu, 13 Nov 2008 16:07:05 ESThttp://www.nycourts.gov/acoje/opinions/03-26.htmhttp://www.nycourts.gov/acoje/opinions/07-11.htmOpinion 07-11. April 19, 2007. Digest: A judge may permit his/her law clerk to oppose the District Attorney in the upcoming election, either by supporting an opponent or by becoming a candidate for the office, subject to the applicable Rules Governing Judicial Conduct and Part 50 of the Rules of the Chief...Wed, 19 Nov 2008 16:16:36 ESThttp://www.nycourts.gov/acoje/opinions/07-11.htmhttp://www.nycourts.gov/acoje/opinions/95-131.htmOpinion 95-131. January 25, 1996. Digest: A judge may make a contribution to a Legal Aid Society. Rules: 22 NYCRR 100.4(A)1). Opinion:. 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...Mon, 24 Nov 2008 15:51:02 ESThttp://www.nycourts.gov/acoje/opinions/95-131.htmhttp://www.nycourts.gov/acoje/opinions/08-113.htmOpinion 08-113. June 6, 2008. Digest: A part-time village justice may serve as a paid member of the board of directors of a banking institution in another county.Rules: 22 NYCRR 100.3(A) 100.4(D)1)b)c) 100.4(D)3) 100.6(B)4) Opinion 07-60; 96-11 (Vol. XIV). Opinion:. A part-time town/village justice inquires whether ...Wed, 19 Nov 2008 16:17:18 ESThttp://www.nycourts.gov/acoje/opinions/08-113.htmhttp://www.nycourts.gov/acoje/opinions/08-112.htmOpinion 08-112. June 6, 2008. Digest: A part-time town/village justice who is president of a county magistrates association may write a letter on the association’s behalf, in support of a grant application by the American Probation and Parole Association for funds to provide services that will benefit on...Wed, 19 Nov 2008 16:17:18 ESThttp://www.nycourts.gov/acoje/opinions/08-112.htmhttp://www.nycourts.gov/acoje/opinions/08-178.htmOpinion 08-178. November 13, 2008. Hon.. Dear Justice :. This responds to your inquiry (08-178) in which you ask 1) whether it is ethically permissible for you, as a part-time town justice who is permitted to practice law, to practice law in a Village and/or Town court – in the same county in which your co...Mon, 17 Nov 2008 21:05:12 ESThttp://www.nycourts.gov/acoje/opinions/08-178.htmhttp://www.nycourts.gov/acoje/opinions/08-191.htmOpinion 08-191. November 10, 2008. Dear Judge. This responds to your inquiry (08-191) regarding certain prior opinions the Ethics Advisory Committee issued about judges who preside in Problem Solving Courts. You have noted an apparent disparate treatment between judges who preside in Drug Treatme...Thu, 13 Nov 2008 13:02:44 ESThttp://www.nycourts.gov/acoje/opinions/08-191.htmhttp://www.nycourts.gov/acoje/opinions/08-196.htmOpinion 08-196. October 23, 2008. Digest: The window period for Supreme Court candidates commences nine months prior to the earlier of the following dates: (1) the date of formal nomination by convention; or (2) the date of a recognized party-sponsored caucus or committee meeting within the candidate’s judic...Fri, 07 Nov 2008 20:18:41 ESThttp://www.nycourts.gov/acoje/opinions/08-196.htmhttp://www.nycourts.gov/acoje/opinions/08-134.htmOpinion 08-134. September 11, 2008. Digest: A judge must disclose that his/her secretary’s spouse is currently represented by a law firm when that firm or any firm member appears in the judge’s court, and must disclose and insulate the secretary from any such cases. If the judge can be impartial, but a party o...Fri, 07 Nov 2008 15:52:32 ESThttp://www.nycourts.gov/acoje/opinions/08-134.htmhttp://www.nycourts.gov/acoje/opinions/07-164.htmOpinion 07-164. February 13, 2008. Dear Justice:. This response addresses your inquiry (07-164) about whether you may serve on an Advisory Panel for the paralegal program offered by a publicly-funded community college.The Committee previously has concluded that a full-time city court judge may serve on the board of t...Mon, 24 Nov 2008 13:03:25 ESThttp://www.nycourts.gov/acoje/opinions/07-164.htmhttp://www.nycourts.gov/acoje/opinions/91-86.htmPlease see 22 NYCRR §822.1(b) which prohibits the assignment of city court judges In the Third Department, and town and village justices in the Third Department who are lawyers, to act as counsel pursuant to section 35 of the Judiciary Law or section 722 of the County Law. This includes 18-B assignmSeptember 12, 1991. ...Thu, 13 Nov 2008 16:07:07 ESThttp://www.nycourts.gov/acoje/opinions/91-86.htmhttp://www.nycourts.gov/acoje/opinions/87-05.htmOpinion 87-05. November 12, 1987. Dear Mr.. The Advisory Committee on Judicial Ethics, at its meeting on November 9, 1987, considered your inquiry of October 30, 1987, on behalf of Judge as to (1) whether he may appear, under subpoena, as a character witness in a pending Federal court action in which the judge has no ...Tue, 25 Nov 2008 17:06:50 ESThttp://www.nycourts.gov/acoje/opinions/87-05.htmhttp://www.nycourts.gov/acoje/opinions/88-101 and 88-102.htmJoint Opinion 88-101; 88-102. October 27, 1988. This Joint Opinion was modified by Opinion 90-91 to the extent that it applies to large public law offices.Topic: (1) Spouse of Supreme Court justice is an assistant corporation counsel; justice presides over cases in which either the city itself or city ag...Wed, 10 Dec 2008 21:02:45 ESThttp://www.nycourts.gov/acoje/opinions/88-101 and 88-102.htmhttp://www.nycourts.gov/acoje/opinions/08-201.htmOpinion 08-201. October 23, 2008. Digest: There is no per se ethics bar to a Judicial Hearing Officer also serving as a compensated arbitrator and/or mediator for a private firm that provides Alternate Dispute Resolution. Such Judicial Hearing Officer must, however, ensure that such service does not create a...Thu, 11 Dec 2008 15:39:13 ESThttp://www.nycourts.gov/acoje/opinions/08-201.htmhttp://www.nycourts.gov/acoje/opinions/08-91.htmOpinion 08-91. June 6, 2008. As amended November 7, 2008. Digest: (1) A recently elected full-time judge is not necessarily disqualified from presiding when the former chief court attorney, who left the court immediately prior to the date the judge assumed the bench, appears in the judge’s court. The judge ...Thu, 11 Dec 2008 19:29:27 ESThttp://www.nycourts.gov/acoje/opinions/08-91.htmhttp://www.nycourts.gov/acoje/opinions/08-142.htmOpinion 08-142. September 11, 2008. Digest: A judge must disqualify him/herself in any case in which the attorney currently representing the judge in a contentious, personal civil matter appears. Although such disqualification is subject to remittal, given the circumstances of the personal civil matter, the ju...Fri, 12 Dec 2008 14:45:43 ESThttp://www.nycourts.gov/acoje/opinions/08-142.htmhttp://www.nycourts.gov/acoje/opinions/08-192.htmOpinion 08-192. October 23, 2008. Digest: An administrative judge may permit a pro bono local action committee to implement a pro bono project in a city court, pursuant to which a city court judge will announce at the beginning of the court’s calendar that volunteer attorneys are available in the courthouse ...Mon, 15 Dec 2008 21:22:22 ESThttp://www.nycourts.gov/acoje/opinions/08-192.htmhttp://www.nycourts.gov/acoje/opinions/08-08.htmOpinion 08-08. January 23, 2008. Digest: A judge may, but is not required to, report a lawyer for a non-substantial violation of the Code of Professional Responsibility to the appropriate departmental disciplinary committee, or may, inter alia, counsel, reprimand, admonish, or sanction the lawyer for his/he...Tue, 16 Dec 2008 16:46:11 ESThttp://www.nycourts.gov/acoje/opinions/08-08.htmhttp://www.nycourts.gov/acoje/opinions/90-106.htmOpinion 90-106. September 18, 1990. Digest: 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....Tue, 23 Dec 2008 16:50:26 ESThttp://www.nycourts.gov/acoje/opinions/90-106.htmhttp://www.nycourts.gov/acoje/opinions/90-109.htmOpinion 90-109. September 18, 1990. Digest: A part-time village judge, who also is the town attorney, may not represent the town 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....Tue, 23 Dec 2008 16:50:27 ESThttp://www.nycourts.gov/acoje/opinions/90-109.htmhttp://www.nycourts.gov/acoje/opinions/90-119.htmOpinion 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 §100.5(h) and 100.7. Opinion:. A part-time judge, who also is employed as a repor...Tue, 23 Dec 2008 16:50:27 ESThttp://www.nycourts.gov/acoje/opinions/90-119.htmhttp://www.nycourts.gov/acoje/opinions/90-125.htmOpinion 90-125. September 18, 1990. Digest: A part-time judge may communicate directly with a defendant who is represented 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 concerning...Tue, 23 Dec 2008 16:50:28 ESThttp://www.nycourts.gov/acoje/opinions/90-125.htmhttp://www.nycourts.gov/acoje/opinions/90-130.htmOpinion 90-130. September 18, 1990. Digest: A part-time judge may preside in matters where an attorney appearing in the court is the spouse of the deputy court clerk, provided that appropriate procedures are followed.Rules: 22 NYCRR §100.2.c) and 100.3(b)2). Opinion:. A part-time judge inquires whether the judge may p...Tue, 23 Dec 2008 16:50:28 ESThttp://www.nycourts.gov/acoje/opinions/90-130.htmhttp://www.nycourts.gov/acoje/opinions/90-75.htmOpinion 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)1) (iv). Opinion:. A part-time town justice,...Tue, 23 Dec 2008 16:50:28 ESThttp://www.nycourts.gov/acoje/opinions/90-75.htmhttp://www.nycourts.gov/acoje/opinions/90-84.htmOpinion 90-84. June 7, 1990. Digest: 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. Opinion:. A part-time judge, who also had led a band for 25 ...Tue, 23 Dec 2008 16:50:29 ESThttp://www.nycourts.gov/acoje/opinions/90-84.htmhttp://www.nycourts.gov/acoje/opinions/90-91.htmOpinion 90-91. October 31, 1990. Digest: A judge need not affirmatively 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 recuse himself or herself if the spouse has any involvement with the case....Tue, 23 Dec 2008 16:50:29 ESThttp://www.nycourts.gov/acoje/opinions/90-91.htmhttp://www.nycourts.gov/acoje/opinions/90-93.htmOpinion 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...Tue, 23 Dec 2008 16:50:30 ESThttp://www.nycourts.gov/acoje/opinions/90-93.htmhttp://www.nycourts.gov/acoje/opinions/03-122.htmOpinion 03-122 (Formerly 03-122a). April 29, 2004. Please review Opinion 08-196 before relying on this opinion to calculate the start of the window period for a candidate for Supreme Court.Digest: (1) A judge who is also a candidate for a Supreme Court nomination may attend political functions for a period commen...Tue, 23 Dec 2008 19:51:42 ESThttp://www.nycourts.gov/acoje/opinions/03-122.htmhttp://www.nycourts.gov/acoje/opinions/94-23.htmOpinion 94-23. March 10, 1994. See Opinion 94-23(a) supplement to this Opinion). Digest: 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 individually, ...Tue, 06 Jan 2009 17:58:14 ESThttp://www.nycourts.gov/acoje/opinions/94-23.htmhttp://www.nycourts.gov/acoje/opinions/07-128.htmOpinion 07-128. September 6, 2007. Digest: (1) A judge is disqualified, subject to remittal, when an attorney who represents the judge’s adult child appears in the judge’s court. For a period of two years after the representation ends, the judge must disclose that the attorney represented his/her adult son. I...Mon, 05 Jan 2009 17:47:10 ESThttp://www.nycourts.gov/acoje/opinions/07-128.htmhttp://www.nycourts.gov/acoje/opinions/07-204.htmOpinion 07-204. September 11, 2008. Digest: A part-time town justice may also serve as the appointed assessor for the same municipality in which he/she presides, but must disqualify him/herself in any proceeding in which his/her impartiality might reasonably be questioned, including where the town appears in h...Wed, 14 Jan 2009 17:41:12 ESThttp://www.nycourts.gov/acoje/opinions/07-204.htmhttp://www.nycourts.gov/acoje/opinions/08-127.htmOpinion 08-127. September 11, 2008. Digest: A full-time judge may appear in the United States District Court for the limited purpose of sponsoring an attorney for admission to the Court and may move the Court to grant the attorney’s application for admission....Wed, 14 Jan 2009 17:41:13 ESThttp://www.nycourts.gov/acoje/opinions/08-127.htmhttp://www.nycourts.gov/acoje/opinions/08-217.htmOpinion 08-217. December 17, 2008. Hon.. Dear Justice :. This responds to your inquiry (08-217) in which you ask whether you are ineligible to receive a fiduciary appointment as either a Guardian ad Litem or as a Court Examiner, given your position as a voluntary Acting Village Justice. Please be advised t...Thu, 18 Dec 2008 19:44:59 ESThttp://www.nycourts.gov/acoje/opinions/08-217.htmhttp://www.nycourts.gov/acoje/opinions/08-218.htmOpinion 08-218. December 17, 2008. Hon.. Dear Justice :. This responds to your inquiry (08-218) in which you ask whether, as a part-time Acting Village Justice, you may serve as a Daisy Troop leader. This Committee has concluded that there is no ethical prohibition to your volunteering to be a troop leader...Thu, 18 Dec 2008 19:44:59 ESThttp://www.nycourts.gov/acoje/opinions/08-218.htmhttp://www.nycourts.gov/acoje/opinions/08-224.htmOpinion 08-224. December 17, 2008. Dear Mr. :. This responds to your inquiry (08-224) in which you ask whether you may act as a “consultant” to an attorney after you take office as a full-time City Court Judge commencing January 1, 2009. Please be advised that the Rules Governing Judicial Conduct...Thu, 18 Dec 2008 19:45:00 ESThttp://www.nycourts.gov/acoje/opinions/08-224.htmhttp://www.nycourts.gov/acoje/opinions/08-132.htmOpinion 08-132. September 11, 2008. Digest: A part-time judge who is permitted to practice law may practice in a city court in which both part-time judges who are permitted to practice law and full-time judges preside, if the city court clerk, at the outset, assigns all of the attorney/part-time judge’s cases ...Mon, 22 Dec 2008 13:22:59 ESThttp://www.nycourts.gov/acoje/opinions/08-132.htmhttp://www.nycourts.gov/acoje/opinions/08-98.htmOpinion 08-98. June 6, 2008. Digest: (1) A judge is not necessarily disqualified from presiding when an attorney who appears before him/her was formerly a judge in the same court, but must determine whether his/her relationship with the former judge would create an appearance of impropriety. (2) A court...Fri, 09 Jan 2009 17:02:16 ESThttp://www.nycourts.gov/acoje/opinions/08-98.htmhttp://www.nycourts.gov/acoje/opinions/07-206.htmOpinion 07-206. September 11, 2008. Digest: A judge who presides in a civil court and is the plaintiff in a civil action against a defendant insured by a national insurance company that regularly appears in the judge’s court is disqualified from presiding in all such cases during the pendency of the civil acti...Tue, 23 Dec 2008 16:19:05 ESThttp://www.nycourts.gov/acoje/opinions/07-206.htmhttp://www.nycourts.gov/acoje/opinions/08-188.htmOpinion 08-188. October 23, 2008. Digest: (1) Judges may attend the annual luncheon of the Judicial Section of a bar association when another section of the bar association subsidizes the cost of the luncheon. (2) The inquiring judge may invite a speaker to address the judges who attend the luncheon about fi...Tue, 23 Dec 2008 16:19:06 ESThttp://www.nycourts.gov/acoje/opinions/08-188.htmhttp://www.nycourts.gov/acoje/opinions/90-129.htmOpinion 90-129. September 18, 1990. NOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an org...Tue, 23 Dec 2008 16:50:48 ESThttp://www.nycourts.gov/acoje/opinions/90-129.htmhttp://www.nycourts.gov/acoje/opinions/08-213.htmOpinion 08-213. December 4, 2008. Digest: A judge may attend the public inauguration of the President of the United States, but a judge who is not within his/her Window Period may not attend an inaugural ball hosted by a state political delegation, a political organization, or political interest group....Wed, 07 Jan 2009 16:23:32 ESThttp://www.nycourts.gov/acoje/opinions/08-213.htmhttp://www.nycourts.gov/acoje/opinions/08-133.htmOpinion 08-133. September 11, 2008. Digest: A full-time judge who ceased practicing law more than two years ago when he/she assumed the bench must disqualify him/herself, subject to remittal, in a proceeding where a former client appears fewer than two years after the representation ended. When a former client...Mon, 12 Jan 2009 16:10:41 ESThttp://www.nycourts.gov/acoje/opinions/08-133.htmhttp://www.nycourts.gov/acoje/opinions/08-160.htmOpinion 08-160. September 11, 2008. Digest: A judge may respond to a “mass e-mail” that a bar association judicial screening committee sends to the general membership of the bar association asking for comments about the qualifications of an attorney who is a potential candidate for judicial office....Wed, 14 Jan 2009 17:41:14 ESThttp://www.nycourts.gov/acoje/opinions/08-160.htmhttp://www.nycourts.gov/acoje/opinions/08-189.htmOpinion 08-189. January 5, 2009. Dear Justice:. This responds to your inquiry (08-189) in which you ask whether you may announce your candidacy for Supreme Court in the Second Judicial District and engage in related political activity even though no vacancy presently exists. This Committee has con...Wed, 14 Jan 2009 17:41:14 ESThttp://www.nycourts.gov/acoje/opinions/08-189.htmhttp://www.nycourts.gov/acoje/opinions/08-194.htmOpinion 08-194. December 23, 2008. Dear Judge:. This responds to your inquiry (08-194) in which you ask whether your security firm may provide both armed and unarmed security services to local municipalities.The Rules Governing Judicial Conduct permit a part-time judge to engage in private employment that i...Wed, 14 Jan 2009 17:41:14 ESThttp://www.nycourts.gov/acoje/opinions/08-194.htmhttp://www.nycourts.gov/acoje/opinions/08-214.htmOpinion 08-214. January 5, 2009. Dear Justice:. This responds to your inquiry (08-214) in which you ask whether, as a retired City Court Judge, you are restricted from practicing law for a certain period of time in the City Court in which you presided. This Committee has concluded that there is no...Wed, 14 Jan 2009 17:41:15 ESThttp://www.nycourts.gov/acoje/opinions/08-214.htmhttp://www.nycourts.gov/acoje/opinions/03-109.htmOpinion 03-109. December 11, 2003. NOTE: THE FIRST POINT OF THIS OPINION HAS BEEN OVERRULED BY OPINION 06-162. THE SECOND POINT REMAINS VALID.Digest: (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 Sys...Thu, 15 Jan 2009 14:39:03 ESThttp://www.nycourts.gov/acoje/opinions/03-109.htmhttp://www.nycourts.gov/acoje/opinions/96-145.htmOpinion 96-145. December 12,1996. Digest: A judge should not send a letter to a newspaper responding to an 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 impending case....Fri, 16 Jan 2009 13:45:58 ESThttp://www.nycourts.gov/acoje/opinions/96-145.htmhttp://www.nycourts.gov/acoje/opinions/01-86.htmOpinion 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:. ...Fri, 16 Jan 2009 19:41:14 ESThttp://www.nycourts.gov/acoje/opinions/01-86.htmhttp://www.nycourts.gov/acoje/opinions/08-124.htmOpinion 08-124. September 11, 2008. Digest: The fact that a judge is a certified emergency medical technician involved in transporting patients to a local health care facility or a local hospital for treatment; receives his/her own health care from the same health care facility and hospital; and is friends wit...Fri, 23 Jan 2009 21:32:50 ESThttp://www.nycourts.gov/acoje/opinions/08-124.htmhttp://www.nycourts.gov/acoje/opinions/08-153.htmOpinion 08-153. September 11, 2008. Digest: A judge is not required to recuse him/herself because the judge and the plaintiff’s counsel both presided in the same court for a number of years, are past officers of the same county bar association, and served together for two years on a bar association committee. ...Fri, 23 Jan 2009 21:32:50 ESThttp://www.nycourts.gov/acoje/opinions/08-153.htmhttp://www.nycourts.gov/acoje/opinions/08-161.htmOpinion 08-161. September 11, 2008. Digest: A part-time judge, in his/her capacity as co-owner and operator of a restaurant, may permit the restaurant to provide catering services to political organizations, provided the restaurant receives reasonable and customary compensation for its services and the judge d...Fri, 23 Jan 2009 21:32:52 ESThttp://www.nycourts.gov/acoje/opinions/08-161.htmhttp://www.nycourts.gov/acoje/opinions/08-170.htmOpinion 08-170. September 11, 2008. Digest: A judge who, as the result of information provided by representatives of the FBI, believes that he/she may be a future target of violent acts by the defendant in a proceeding pending in the judge’s court, should disclose the information to all the parties and their a...Fri, 23 Jan 2009 21:32:52 ESThttp://www.nycourts.gov/acoje/opinions/08-170.htmhttp://www.nycourts.gov/acoje/opinions/08-162.htmOpinion 08-162. September 11, 2008. Digest: A part-time town justice who also is a building contractor may bid on and perform roofing work for a town board member at his/her private residence as long as the part-time town justice receives reasonable and customary compensation for the work and neither receives ...Fri, 30 Jan 2009 19:22:17 ESThttp://www.nycourts.gov/acoje/opinions/08-162.htmhttp://www.nycourts.gov/acoje/opinions/08-138.htmOpinion 08-138. September 11, 2008. Digest: A judge who has been subpoenaed to testify before an attorney grievance committee as a character witness for an attorney need not disqualify him/herself or disclose that he/she has been subpoenaed or did testify when the attorney appears befoRules: CPLR Art. 23; 22 N...Fri, 30 Jan 2009 19:22:17 ESThttp://www.nycourts.gov/acoje/opinions/08-138.htmhttp://www.nycourts.gov/acoje/opinions/08-130.htmOpinion 08-130. December 4, 2008. Digest: A town/village justice is not ethically prohibited from applying for and receiving permissible attorney’s fees and disbursements for services he/she performed as a fiduciary pursuant to a surrogate judge’s order, which continued his/her earlier fiduciary appointment,...Fri, 30 Jan 2009 19:22:17 ESThttp://www.nycourts.gov/acoje/opinions/08-130.htmhttp://www.nycourts.gov/acoje/opinions/05-82.htmOpinion 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 of 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 in...Mon, 02 Feb 2009 20:44:50 ESThttp://www.nycourts.gov/acoje/opinions/05-82.htmhttp://www.nycourts.gov/acoje/opinions/09-07.htmOpinion 09-07. February 3, 2009. Dear Justice :. This responds to your inquiry (09-07) asking whether a Court Attorney who recently resigned from his/her position with Family Court to enter private practice is precluded from appearing before the Court’s three judges. The Committee previously determ...Tue, 03 Feb 2009 16:29:45 ESThttp://www.nycourts.gov/acoje/opinions/09-07.htmhttp://www.nycourts.gov/acoje/opinions/08-121.htmOpinion 08-121. September 11, 2008. Digest: (1) A part-time village justice may not serve as acting town justice for the same town that employs him/her as the Director of Planning and Zoning Administration. (2) Whether a village justice can perform arraignments pursuant to the Criminal Procedure Law for town o...Wed, 04 Feb 2009 16:36:53 ESThttp://www.nycourts.gov/acoje/opinions/08-121.htmhttp://www.nycourts.gov/acoje/opinions/07-216.htmAmended Opinion 07-216. December 4, 2008. Digest: A city court judge, whose sibling is the elected District Attorney of the jurisdiction over which the judge presides, is disqualified in any matter where his/her sibling appears and where an assistant district attorney who serves on the sibling’s staff appears. Such ...Mon, 09 Feb 2009 16:47:42 ESThttp://www.nycourts.gov/acoje/opinions/07-216.htmhttp://www.nycourts.gov/acoje/opinions/08-83.htmOpinion 08-83. April 24, 2008. Digest: A judge who has reliable information from, inter alia, his/her first-hand observations of the circumstances that another judge drove a car recklessly while intoxicated and also has substantial information that the other judge presided more than once while intoxicated...Wed, 11 Feb 2009 15:50:06 ESThttp://www.nycourts.gov/acoje/opinions/08-83.htmhttp://www.nycourts.gov/acoje/opinions/09-10.htmOpinion 09-10. February 11, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-10) asking whether you may participate in the making of a video which will be used as an educational tool to promote the Justice for Children Advocacy Center. As the Center is an advocacy group for a certain category...Tue, 17 Feb 2009 17:08:43 ESThttp://www.nycourts.gov/acoje/opinions/09-10.htmhttp://www.nycourts.gov/acoje/opinions/90-80.htmOpinion 90-80. June 7, 1990. Digest: Judges should not serve as the editorial board for the publishers of a law book, under circumstances that give the publication a misleading official imprimatur.Rules: 22 NYCRR 100.4 ; 100.5(c)2). Opinion:. Several judges have inquired whether they may accept a proposed contract to...Tue, 17 Feb 2009 19:32:33 ESThttp://www.nycourts.gov/acoje/opinions/90-80.htmhttp://www.nycourts.gov/acoje/opinions/90-168.htmOpinion 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.Rules: 22 NYCRR 100.5(b)2). Opinion:. A judge inquires whether it would be proper for a judge to include his or her judicial title on a li...Tue, 17 Feb 2009 19:32:32 ESThttp://www.nycourts.gov/acoje/opinions/90-168.htmhttp://www.nycourts.gov/acoje/opinions/90-46.htmOpinion 90-46. April 5, 1990. Digest: A Surrogate Court judge may write a letter of recommendation for a court employee to a City Court judge.Rules: 22 NYCRR 100.2.. Opinion:. A Surrogate Court Judge asks whether it is permissible to write a letter of recommendation to a City Court judge on behalf of...Tue, 17 Feb 2009 19:32:33 ESThttp://www.nycourts.gov/acoje/opinions/90-46.htmhttp://www.nycourts.gov/acoje/opinions/88-164.htmOpinion 88-164. January 12, 1989. Topic: May a part-time judge who is a sole practitioner carry on an active collection practice?. Digest: A part-time judge may carry on a collection practice within certain limitations.. Rules: 22 NYCRR §100.5(f) ; 100.2(a) ; Code of Judicial Conduct, Canon 2A.. Opinion:. ...Tue, 17 Feb 2009 19:32:29 ESThttp://www.nycourts.gov/acoje/opinions/88-164.htmhttp://www.nycourts.gov/acoje/opinions/89-38.htmOpinion 89-38. May 25, 1989. Topic: Full-time judge completing legal work for an estate the judge represented before assuming judicial office.Digest: Full-time judge may not complete unfinished legal services performed for an estate before the judge assumed judicial office, although no court appearances are necessar...Tue, 17 Feb 2009 19:32:29 ESThttp://www.nycourts.gov/acoje/opinions/89-38.htmhttp://www.nycourts.gov/acoje/opinions/89-64.htmOpinion 89-64. May 25, 1989. Topic: Judge serving as president of an area Jaycees, a charitable organization.. Digest: 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 prestig...Tue, 17 Feb 2009 19:32:30 ESThttp://www.nycourts.gov/acoje/opinions/89-64.htmhttp://www.nycourts.gov/acoje/opinions/90-135.htmOpinion 90-135. September 18, 1990. Digest: A full-time judge may not serve as leader of a delegation of a legal study group visiting Europe under the sponsorship of a private foundation where the judge’s and the judge’s spouse’s expenses would be paid depending on the number of people who participate in the t...Tue, 17 Feb 2009 19:32:30 ESThttp://www.nycourts.gov/acoje/opinions/90-135.htmhttp://www.nycourts.gov/acoje/opinions/90-159.htmOpinion 90-159. October 23, 1990. Digest: 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:. A judge states that a tax exempt, not-for-profit corporation, whose sole concern appears to be health care, wishes to establi...Tue, 17 Feb 2009 19:32:32 ESThttp://www.nycourts.gov/acoje/opinions/90-159.htmhttp://www.nycourts.gov/acoje/opinions/88-98.htmOpinion 88-98. September 19, 1988. Topic: Family Court Judge as member of residential cooperative board of directors.. Digest: 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....Wed, 18 Feb 2009 15:21:19 ESThttp://www.nycourts.gov/acoje/opinions/88-98.htmhttp://www.nycourts.gov/acoje/opinions/89-52.htmOpinion 89-52. May 25, 1989. Topic: Propriety of a judge writing a letter to a governmental agency urging support of continued funding of a private alcohol rehabilitation program.Digest: A judge may write a letter supporting funding by a governmental agency of a private organization engaged in alcohol r...Wed, 18 Feb 2009 15:21:19 ESThttp://www.nycourts.gov/acoje/opinions/89-52.htmhttp://www.nycourts.gov/acoje/opinions/87-30.htmOpinion 87-30. January 28, 1988. Topic: Part-time Town Justice as legal advisor to residents’ association located within his or her jurisdictional limits.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.Rules: 22 NYCRR §100.2(a)...Wed, 18 Feb 2009 15:21:19 ESThttp://www.nycourts.gov/acoje/opinions/87-30.htmhttp://www.nycourts.gov/acoje/opinions/96-103.htmNote: This opinion has been overruled by Joint Opinion 00-78 and 00-80. Opinion 96-103. October 11, 1996. Digest: A Housing Court judge who is a candidate for another judicial office must disqualify himself/herself, during the pendency of the campaign, from presiding over cases in which one of the attorne...Thu, 19 Feb 2009 13:00:16 ESThttp://www.nycourts.gov/acoje/opinions/96-103.htmhttp://www.nycourts.gov/acoje/opinions/90-166.htmOpinion 90-166. December 11, 1990. Digest: A part-time judge may participate only in an indirect and de minimis way in civic, charitable, or religious fundraising events; when seeking re-election, such a judge may campaign with other candidates who make up the slate, without endorsing them; such a judge may s...Thu, 19 Feb 2009 20:52:02 ESThttp://www.nycourts.gov/acoje/opinions/90-166.htmhttp://www.nycourts.gov/acoje/opinions/08-78.htmOpinion 08-78. April 24, 2008. Digest: A judge whose sibling is an officer and Associate General Counsel and Claims Attorney for a group of member companies that provides insurance products and insurance related services under a common trade name is disqualified from presiding over matters in which the co...Thu, 19 Feb 2009 20:51:30 ESThttp://www.nycourts.gov/acoje/opinions/08-78.htmhttp://www.nycourts.gov/acoje/opinions/09-34.htmOpinion 09-34. January 29, 2009. Digest: The Advisory Committee on Judicial Ethics is authorized to issue advisory opinions concerning one or more issues related to ethical conduct or proper execution of judicial duties or possible conflicts between private interests and official duties. The Committee, ther...Thu, 19 Feb 2009 20:51:30 ESThttp://www.nycourts.gov/acoje/opinions/09-34.htmhttp://www.nycourts.gov/acoje/opinions/08-136.htmOpinion 08-136. February 19, 2009. Dear Justice :. This responds to your inquiry (08-136) in which you ask the Committee whether the recent amendment to §805-b of the General Municipal Law, which deleted the terms “gift” and “benefit” and inserted the terms “fee” and “compensation, now permits you to...Thu, 19 Feb 2009 21:27:59 ESThttp://www.nycourts.gov/acoje/opinions/08-136.htmhttp://www.nycourts.gov/acoje/opinions/09-14.htmOpinion 09-14. February 19, 2009. Dear Justice :. This responds to your inquiry (09-14) asking whether your firm may file a criminal complaint against a client who tendered a check in payment of a fee. The check was returned for insufficient funds within the jurisdiction where you preside.It is not ethically imper...Thu, 19 Feb 2009 21:27:59 ESThttp://www.nycourts.gov/acoje/opinions/09-14.htmhttp://www.nycourts.gov/acoje/opinions/09-22.htmOpinion 09-22. February 19, 2009. Dear Judge :. This responds to your inquiry (09-22) in which you express ethics concerns about giving effect to the recent policy of the District Attorney authorizing any police officer employed by the Village to prosecute Vehicle and Traffic tickets in the Villag...Thu, 19 Feb 2009 21:27:59 ESThttp://www.nycourts.gov/acoje/opinions/09-22.htmhttp://www.nycourts.gov/acoje/opinions/09-29.htmOpinion 09-29. February 19, 2009. Dear Justice :. This responds to your inquiry (09-29) in which you ask 1) whether you must inform your child, his/her spouse and their separate counsel that you are acquainted with the Supreme Court justice presiding over their divorce action and 2) whether you must...Thu, 19 Feb 2009 21:28:00 ESThttp://www.nycourts.gov/acoje/opinions/09-29.htmhttp://www.nycourts.gov/acoje/opinions/08-159.htmOpinion 08-159. October 5, 2008. Dear Judge :. This responds to your inquiry (08-159) in which you ask whether you may attend a one-week law and economics course which is part of the [ ]This Committee has concluded, under similar circumstances, that it is ethically permissible to attend such a program. Please ...Fri, 20 Feb 2009 17:27:23 ESThttp://www.nycourts.gov/acoje/opinions/08-159.htmhttp://www.nycourts.gov/acoje/opinions/08-141.htmOpinion 08-141. September 22, 2008. Dear Judge :. This responds to your inquiry (08-141) in which you ask whether you may serve on the board of [ ] which operates several schools and a group home for troubled and at-risk adolescents. This Committee has concluded, under similar circumstances, that th...Fri, 20 Feb 2009 17:22:17 ESThttp://www.nycourts.gov/acoje/opinions/08-141.htmhttp://www.nycourts.gov/acoje/opinions/09-40.htmOpinion 09-40. January 29, 2009. Digest: A judge may apply to a political party's judicial screening panel to determine his/her qualifications for a particular judicial office at a time when there are no actual, known vacancies for such office provided (1) there is a good-faith reason to believe there will ...Mon, 23 Feb 2009 14:19:35 ESThttp://www.nycourts.gov/acoje/opinions/09-40.htmhttp://www.nycourts.gov/acoje/opinions/08-165.htmOpinion 08-165. September 11, 2008. Digest: (1) A judge must disqualify him/herself in a proceeding where the Public Defender who currently represents the judge’s child in a criminal matter and any member of the Public Defender’s staff who is involved in representing the judge’s child appears in the judge’s co...Tue, 24 Feb 2009 16:04:26 ESThttp://www.nycourts.gov/acoje/opinions/08-165.htmhttp://www.nycourts.gov/acoje/opinions/09-02.htmOpinion 09-02. February 4, 2009. Judge. Dear Judge :. This responds to your inquiry (09-02) asking whether it is permissible to make available in your courtroom a list of domestic violence organizations which provide legal services to victims of domestic violence. Making such material available in your ...Tue, 24 Feb 2009 16:04:28 ESThttp://www.nycourts.gov/acoje/opinions/09-02.htmhttp://www.nycourts.gov/acoje/opinions/08-118.htmOpinion 08-118. October 23, 2008. Digest: (1) A part-time judge should not perform “of counsel” work for a domestic violence attorney, when such work would include representing female domestic violence victims whose legal fees are paid by a battered woman’s organization that operates in the same county where...Thu, 26 Feb 2009 19:25:40 ESThttp://www.nycourts.gov/acoje/opinions/08-118.htmhttp://www.nycourts.gov/acoje/opinions/08-172.htmOpinion 08-172. September 11, 2008. Digest: A part-time town justice may also serve as a court clerk in the Supreme and County Courts in the same county where the town justice presides. As a court clerk in the Supreme and County Courts, the town justice must be insulated from any involvement in matters that ar...Thu, 26 Feb 2009 19:25:41 ESThttp://www.nycourts.gov/acoje/opinions/08-172.htmhttp://www.nycourts.gov/acoje/opinions/08-90.htmOpinion 08-90. February 24, 2009. Hon.. Dear Justice :. This responds to your inquiry (08-90) asking how you should handle a “confidential” FBI Notice of Investigation about a party appearing before you, which was sent to you ex parte by the other side. You authorized me to discuss the status of the inves...Thu, 26 Feb 2009 19:25:43 ESThttp://www.nycourts.gov/acoje/opinions/08-90.htmhttp://www.nycourts.gov/acoje/opinions/09-32.htmOpinion 09-32. February 23, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-32) in which you ask whether you may voluntarily assume certain duties such as ordering food and processing paper work currently preformed by the head of a local food pantry, run by a local church. The Committee perc...Thu, 26 Feb 2009 19:25:43 ESThttp://www.nycourts.gov/acoje/opinions/09-32.htmhttp://www.nycourts.gov/acoje/opinions/09-23.htmOpinion 09-23. February 26, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-23) asking whether you may sit as an arbitrator in Small Claims Court, notwithstanding Court of Claims Act §3. While there is no ethics prohibition to a full-time judge sitting as an arbitrator in a non-private capac...Thu, 26 Feb 2009 20:57:46 ESThttp://www.nycourts.gov/acoje/opinions/09-23.htmhttp://www.nycourts.gov/acoje/opinions/09-33.htmOpinion 09-33. February 26, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-33) asking whether there is any ethical prohibition to presiding if the Public Defender, who is your spouse’s second cousin, were to represent a defendant in your court. While the Rules Governing Judicial Conduct do ...Thu, 26 Feb 2009 20:57:46 ESThttp://www.nycourts.gov/acoje/opinions/09-33.htmhttp://www.nycourts.gov/acoje/opinions/07-137.htmOpinion 07-137 CORRECTED. October 18, 2007. Digest: (1) Based on the facts presented, a judge running for election to judicial office may use photographs in his/her campaign commercials and materials that were taken of the judge in his/her courtroom with visiting foreign dignitaries, and community and school groups....Fri, 27 Feb 2009 14:08:02 ESThttp://www.nycourts.gov/acoje/opinions/07-137.htmhttp://www.nycourts.gov/acoje/opinions/09-31.htmOpinion 09-31. January 29, 2009. Digest: A part-time town/village justice may not permit the municipality's code enforcement officer to also serve as a court officer in the justice’s court.Rules: 22 NYCRR 100.1; 100.2; 100.3 (C) (2) Opinions 03-97; 91-54 (Vol. VII). Opinion:. A part-time town/village ...Fri, 27 Feb 2009 14:53:54 ESThttp://www.nycourts.gov/acoje/opinions/09-31.htmhttp://www.nycourts.gov/acoje/opinions/09-27.htmOpinion 09-27. January 29, 2009. Digest: When the prior employer of a recently hired court attorney appears on a case with which the court attorney was previously involved, and the court attorney performs work for the presiding judge, the judge must insulate the court attorney and disclose such insulation, ...Tue, 03 Mar 2009 13:59:32 ESThttp://www.nycourts.gov/acoje/opinions/09-27.htmhttp://www.nycourts.gov/acoje/opinions/88-09.htmOpinion 88-09. January 28, 1988. NOTE: The Rules Governing Judicial Conduct were amended in 1996. Please see new Rule 100.4(C)3)b)ii) (a judge may accept an unadvertised award ancillary to a not-for-profit organization’s fund-raising event) Please also see Opinion 04-141 (a judge may introduce and present a...Fri, 13 Mar 2009 18:55:16 ESThttp://www.nycourts.gov/acoje/opinions/88-09.htmhttp://www.nycourts.gov/acoje/opinions/09-38.htmOpinion 09-38. March 17, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-38) in which you ask whether there is any ethical prohibition to providing a copy of the court calendar in advance to the District Attorney’s Office with notations summarizing the driving record for each defendant sc...Thu, 19 Mar 2009 18:54:34 ESThttp://www.nycourts.gov/acoje/opinions/09-38.htmhttp://www.nycourts.gov/acoje/opinions/09-76.htmOpinion 09-76. March 19, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-76) in which you ask whether the Rules Governing Judicial Conduct require judges to assign counsel for unlawful possession of marijuana cases where a defendant cannot afford his/her own counsel.The Committee’s jurisdict...Thu, 19 Mar 2009 18:54:36 ESThttp://www.nycourts.gov/acoje/opinions/09-76.htmhttp://www.nycourts.gov/acoje/opinions/09-05.htmOpinion 09-05. February 6, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-05) in which you ask whether it is permissible to appear on a radio program in which the participants will discuss the Rotary Club’s humanitarian and public service projects.A judge may speak, write, lecture, teach and other...Wed, 25 Mar 2009 18:53:51 ESThttp://www.nycourts.gov/acoje/opinions/09-05.htmhttp://www.nycourts.gov/acoje/opinions/09-24.htmOpinion 09-24. February 6, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-24) in which you ask whether the Rules Governing Judicial Conduct require judges to assign counsel for unlawful possession of marijuana cases where the defendant cannot afford counsel of his or her own.In the Committee’s view, ...Wed, 25 Mar 2009 18:53:53 ESThttp://www.nycourts.gov/acoje/opinions/09-24.htmhttp://www.nycourts.gov/acoje/opinions/09-58.htmOpinion 09-58. March 20, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-58) asking whether you may participate as a judge in a moot court/mock trial demonstration at the 40th Anniversary Conference of the Excess/Surplus Lines Claims Association, a not-for-profit insurance trade association....Wed, 25 Mar 2009 18:53:54 ESThttp://www.nycourts.gov/acoje/opinions/09-58.htmhttp://www.nycourts.gov/acoje/opinions/09-66.htmOpinion 09-66. March 20, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-66) in which you ask whether it is permissible to attend a judicial reception of a local bar association as a complimentary guest even though others attending must pay and the event is underwritten by one or more entities....Wed, 25 Mar 2009 18:53:54 ESThttp://www.nycourts.gov/acoje/opinions/09-66.htmhttp://www.nycourts.gov/acoje/opinions/09-75.htmOpinion 09-75. March 20, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-75) asking whether you must exercise recusal as a result of an ex parte communication from another judge who recently inquired about a relative’s trial testimony in a non-jury, civil matter currently pending before you, sub judice....Wed, 25 Mar 2009 18:53:55 ESThttp://www.nycourts.gov/acoje/opinions/09-75.htmhttp://www.nycourts.gov/acoje/opinions/08-156.htmOpinion 08-156. October 23, 2008. Digest: A judge may serve on the Executive Committee of the * County Inn of Court. The judge may solicit other judges to join the organization, but may not solicit attorneys to join.Rules: 22 NYCRR 100.2; 100.2(A) 100.4(A) (1)3) 100.4(C)3) 100.4(C)3)b)i)iv) Opinions 03-63; 00-41 (V...Fri, 03 Apr 2009 13:16:06 ESThttp://www.nycourts.gov/acoje/opinions/08-156.htmhttp://www.nycourts.gov/acoje/opinions/08-163.htmOpinion 08-163. October 23, 2008. Digest: A part-time lawyer/Town Justice may represent a client on a felony charge that originated in another town court, located in the same county, in which both presiding justices are non-lawyers. The case has since been transferred to the County Court, and the client is a...Fri, 03 Apr 2009 13:16:06 ESThttp://www.nycourts.gov/acoje/opinions/08-163.htmhttp://www.nycourts.gov/acoje/opinions/08-182.htmOpinion 08-182. October 23, 2008. Digest: A judge whose sibling is an Assistant New York State Attorney General is not disqualified from presiding in any case involving the New York State Attorney General’s Office. The judge is disqualified, subject to remittal, in any case where his/her sibling appears or is involved....Fri, 03 Apr 2009 13:16:07 ESThttp://www.nycourts.gov/acoje/opinions/08-182.htmhttp://www.nycourts.gov/acoje/opinions/09-15.htmOpinion 09-15. April 1, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-15) in which you ask whether there is any ethical prohibition to serving on the Board of Directors of _ Corporation, a non-profit community action agency and rural preservation company.The Committee has previou...Fri, 03 Apr 2009 13:16:07 ESThttp://www.nycourts.gov/acoje/opinions/09-15.htmhttp://www.nycourts.gov/acoje/opinions/09-39.htmOpinion 09-39. March 30, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-39) in which you ask whether it is ethically permissible for you to serve as a mentor of a child, who has no Family Court history, in the Public School system.In Opinion 05-140, the Committee determined it ethically permissible for a ...Fri, 03 Apr 2009 13:16:08 ESThttp://www.nycourts.gov/acoje/opinions/09-39.htmhttp://www.nycourts.gov/acoje/opinions/09-50.htmOpinion 09-50. March 30, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-50) asking whether it is ethically proper for you to comment publicly on the vote of the Village Board to dissolve the Village Court, subject to a permissive referendum pursuant to local law.Pursuant to the Rules Gov...Fri, 03 Apr 2009 13:16:10 ESThttp://www.nycourts.gov/acoje/opinions/09-50.htmhttp://www.nycourts.gov/acoje/opinions/09-51.htmOpinion 09-51. April 1, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-51) asking whether there is any ethical prohibition to serving simultaneously as a Village Judge and a Town Judge in a town which includes the village.The Committee’s jurisdiction is limited to issuing “advisory opinions to ju...Fri, 03 Apr 2009 13:16:11 ESThttp://www.nycourts.gov/acoje/opinions/09-51.htmhttp://www.nycourts.gov/acoje/opinions/09-73.htmOpinion 09-73. March 30, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-73) in which you ask whether it is ethically permissible to teach an ethics course at a private, not-for-profit university’s school of law for compensation.Pursuant to the Rules Governing Judicial Conduct, a judge may. ...Fri, 03 Apr 2009 13:16:12 ESThttp://www.nycourts.gov/acoje/opinions/09-73.htmhttp://www.nycourts.gov/acoje/opinions/09-77.htmOpinion 09-77. April 1, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-77) in which you ask whether there is any ethical prohibition to joining the Board of Directors of _ a non-profit organization dedicated to youth, families and communities.The Committee has previously concluded that a judg...Fri, 03 Apr 2009 13:16:12 ESThttp://www.nycourts.gov/acoje/opinions/09-77.htmhttp://www.nycourts.gov/acoje/opinions/08-107.htmOpinion 08-107. October 23, 2008. Digest: A judge whose former law clerk is now employed as an Assistant Attorney General, with a discrete unit that litigates a particular type of case, is not disqualified from presiding, and need not disclose in all cases where the Attorney General appears that his/her form...Mon, 06 Apr 2009 15:15:20 ESThttp://www.nycourts.gov/acoje/opinions/08-107.htmhttp://www.nycourts.gov/acoje/opinions/90-191.htmOpinion 90-191. January 7, 1991. Dear Justice:. 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-lawye...Tue, 07 Apr 2009 19:27:27 ESThttp://www.nycourts.gov/acoje/opinions/90-191.htmhttp://www.nycourts.gov/acoje/opinions/90-197.htmOpinion 90-197. January 24, 1991. Digest: A judge who was represented as part of a group of judges in federal court by the Attorney General’s office need not recuse himself or herself in a trial prosecuted by an assistant attorney general, if that attorney was not the lawyer who represented the judge in the ...Tue, 07 Apr 2009 20:22:17 ESThttp://www.nycourts.gov/acoje/opinions/90-197.htmhttp://www.nycourts.gov/acoje/opinions/90-201.htmOpinion 90-201. January 24, 1991. Digest: A part-time judge, as education 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 inmate comes before the court. If inmates with whom the judge has worked a...Tue, 07 Apr 2009 19:29:42 ESThttp://www.nycourts.gov/acoje/opinions/90-201.htmhttp://www.nycourts.gov/acoje/opinions/91-07.htmOpinion 91-07. January 24, 1991. Digest: A judge may present a paper and give a speech at a symposium in a foreign country on the role of the courts, and may accept ravel and accommodation expenses for the judge and the judge’s spouse from the sponsoring institute.Rules: 22 NYCRR §100.4(a) 100.6. Opinion:. ...Tue, 07 Apr 2009 19:32:00 ESThttp://www.nycourts.gov/acoje/opinions/91-07.htmhttp://www.nycourts.gov/acoje/opinions/91-23.htmOpinion 91-23. March 14, 1991. Digest: A full-time judge may serve as a member of the board of directors of a charitable, educational and scientific, not-for-profit organization, provided that the judge does not participate in the solicitation of funds or use his or her office for that purpose....Tue, 07 Apr 2009 19:34:26 ESThttp://www.nycourts.gov/acoje/opinions/91-23.htmhttp://www.nycourts.gov/acoje/opinions/91-33.htmOpinion 91-33. March 14, 1991. Digest: 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.Rules: 22 NYCRR §100.5(b). Opinion:. A full-time judge inquires whether it is permissib...Tue, 07 Apr 2009 19:39:18 ESThttp://www.nycourts.gov/acoje/opinions/91-33.htmhttp://www.nycourts.gov/acoje/opinions/91-35.htmOpinion 91-35. March 14, 1991. Digest: A part-time judge may serve as a member of a municipal ethics committee.. Rules: 22 NYCRR §100.5(b) and (h). Opinion:. An acting part-time judge inquires whether the judge may accept an appointment to the municipality’s ethics committee. The committee’s task is to revi...Tue, 07 Apr 2009 19:41:39 ESThttp://www.nycourts.gov/acoje/opinions/91-35.htmhttp://www.nycourts.gov/acoje/opinions/91-61.htmOpinion 91-61. April 25, 1991. Digest: A judge cannot receive an award or serve as an honoree at a brunch held by a charitable foundation as the brunch has a fundraising aspect.Rules: 22 NYCRR §100.5(b)2). Opinion:. A judge inquires as to the propriety of receiving an award at the brunch held by a foundation for me...Tue, 07 Apr 2009 19:43:38 ESThttp://www.nycourts.gov/acoje/opinions/91-61.htmhttp://www.nycourts.gov/acoje/opinions/91-74.htmOpinion 91-74. 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 non-fundraising letters.Rules: 22NYCRR §100.5(b)2) 22 NYCRR §100.4(c). Opinion:. A part-time judge who is ...Tue, 07 Apr 2009 20:19:47 ESThttp://www.nycourts.gov/acoje/opinions/91-74.htmhttp://www.nycourts.gov/acoje/opinions/92-115.htmOpinion 92-115. January 28, 1993. Digest: A part-time Acting City Court Judge may serve as a part-time law clerk to a County Court Judge in the same county provided that appeals from decisions of the Acting City Court Judge should, if practicable, be referred to the other County Court Judge, but in any event...Tue, 07 Apr 2009 19:51:14 ESThttp://www.nycourts.gov/acoje/opinions/92-115.htmhttp://www.nycourts.gov/acoje/opinions/92-117.htmOpinion 92-117. November 19, 1992. Digest: A part-time judge, who also is an attorney, may serve on a college committee whose purpose is to establish an endowment fund, provided that neither the judge nor the judge’s name and title is involved in the solicitation of gifts nor in giving investment advice....Tue, 07 Apr 2009 20:11:27 ESThttp://www.nycourts.gov/acoje/opinions/92-117.htmhttp://www.nycourts.gov/acoje/opinions/92-87.htmOpinion 92-87. September 24, 1992. Digest: A Surrogate Judge may appoint the spouse of a Supreme Court Justice as a successor trustee, if the appointee is fully qualified for the appointment.Rules: 22 NYCRR 100.2(a) and 100.2(b)4). Opinion:. A Surrogate Judge inquires whether it would be improper to appoint the spou...Tue, 07 Apr 2009 19:47:43 ESThttp://www.nycourts.gov/acoje/opinions/92-87.htmhttp://www.nycourts.gov/acoje/opinions/93-110.htmOpinion 93-110. October 28, 1993. Digest: 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. Opinion:. ...Tue, 07 Apr 2009 19:58:52 ESThttp://www.nycourts.gov/acoje/opinions/93-110.htmhttp://www.nycourts.gov/acoje/opinions/93-127.htmOpinion 93-127. December 9, 1993. Digest: 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.Rules: 22 NYCRR §100.2(c) and 100.5(b)2). ...Tue, 07 Apr 2009 20:09:49 ESThttp://www.nycourts.gov/acoje/opinions/93-127.htmhttp://www.nycourts.gov/acoje/opinions/93-76.htmOpinion 93-76. September 14, 1993. Digest: 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 is simply to move to transfer the case....Tue, 07 Apr 2009 19:55:32 ESThttp://www.nycourts.gov/acoje/opinions/93-76.htmhttp://www.nycourts.gov/acoje/opinions/93-94.htmOpinion 93-94. September 14, 1993. Digest: A judge may attend a purely social reunion dinner of the former members of a political club that was completely disbanded in 1969 and may permit his name to be used, without any official designation, on the invitation letterhead which is entitled “Alumni of the [name...Tue, 07 Apr 2009 19:57:42 ESThttp://www.nycourts.gov/acoje/opinions/93-94.htmhttp://www.nycourts.gov/acoje/opinions/96-112.htmOpinion 96-112. October 11,1996. Digest: A sign endorsing a political candidate should not be erected on property jointly owned by a judge and his/her spouse.Rules: 22 NYCRR 100.2(C) 100.5(A)1)d) and (e) Opinion 90-77.. Opinion:. A judge asks if it is proper for a sign endorsing a legislative candidate t...Mon, 13 Apr 2009 15:17:52 ESThttp://www.nycourts.gov/acoje/opinions/96-112.htmhttp://www.nycourts.gov/acoje/opinions/09-79.htmOpinion 09-79. March 12, 2009. Digest: A judge may participate in a video production to be screened for students at the local high school to discourage them from driving while intoxicated, using illegal drugs, and smoking, provided the judge does not comment on pending or impending cases or render advice ...Mon, 13 Apr 2009 15:16:35 ESThttp://www.nycourts.gov/acoje/opinions/09-79.htmhttp://www.nycourts.gov/acoje/opinions/08-180.htmOpinion 08-180. October 23, 2008. Digest: There is no per se ethical impropriety should a judge’s sibling be appointed an arbitrator or SCAR Officer. However, the judge’s sibling must be otherwise eligible for such appointment, must be appointed pursuant to the applicable provisions of law, and the inquiring...Mon, 13 Apr 2009 15:14:02 ESThttp://www.nycourts.gov/acoje/opinions/08-180.htmhttp://www.nycourts.gov/acoje/opinions/09-69.htmOpinion 09-69. March 12, 2009. Digest: A court clerk for several town justice courts and a village justice court may also serve as the acting village justice for a village justice court where he/she does not serve as a court clerk, but may not preside in any matters, including arraignments, for courts whe...Wed, 15 Apr 2009 17:43:19 ESThttp://www.nycourts.gov/acoje/opinions/09-69.htmhttp://www.nycourts.gov/acoje/opinions/88-90.htmOpinion 88-90. OVERRULED BY JOINT OPINION 89-44; 89-60. 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 befor...Mon, 20 Apr 2009 13:06:38 ESThttp://www.nycourts.gov/acoje/opinions/88-90.htmhttp://www.nycourts.gov/acoje/opinions/08-208.htmOpinion 08-208. December 4, 2008. Digest: In the absence of any law, rule or administrative policy prohibiting a town or village justice from doing so, a town justice may permit the elected town clerk to receive fine payments during the day when the court is closed and also may perform such tasks associated ...Mon, 20 Apr 2009 24:26:57 ESThttp://www.nycourts.gov/acoje/opinions/08-208.htmhttp://www.nycourts.gov/acoje/opinions/08-167.htmOpinion 08-167. October 23, 2008. Digest: A former judge who retired from the bench more than one year ago and who serves as a judicial hearing officer may appoint an attorney who was his/her law clerk to serve as a law guardian for children in matters assigned to him/her, assuming the former law clerk is ot...Mon, 20 Apr 2009 24:02:11 ESThttp://www.nycourts.gov/acoje/opinions/08-167.htmhttp://www.nycourts.gov/acoje/opinions/08-158.htmOpinion 08-158. September 11, 2008. Digest: A judge who receives a subpoena to testify as a character witness is not ethically required to notify any administrative authority about the subpoena.Rules: CPLR Article 23; Judiciary Law §212(2)l) 22 NYCRR 100.2; 100.2(A) 100.2(C) 101.1; Opinions 99-115 (Vol. XVIII) 88-155 ...Mon, 20 Apr 2009 24:22:12 ESThttp://www.nycourts.gov/acoje/opinions/08-158.htmhttp://www.nycourts.gov/acoje/opinions/08-151.htmOpinion 08-151. December 4, 2008. Digest: Unexpended campaign funds may not be donated to any charity. Campaign funds remaining after a bona fide effort to return unexpended funds pro rata to all contributors may be used after the expiration of the window period for any purpose consistent with prior opinions...Mon, 20 Apr 2009 24:55:35 ESThttp://www.nycourts.gov/acoje/opinions/08-151.htmhttp://www.nycourts.gov/acoje/opinions/09-41.htmOpinion 09-41. April 17, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-41) asking the Committee to reconsider its prior opinions which state that it is ethically impermissible for a judge, outside his/her window period, to attend a social event sponsored by an elected (non-judicial) off...Mon, 20 Apr 2009 24:57:18 ESThttp://www.nycourts.gov/acoje/opinions/09-41.htmhttp://www.nycourts.gov/acoje/opinions/08-220 and 08-222.htmJoint Opinion 08-220/08-222. December 4, 2008. Digest: (1) A judge may hear matters involving his/her part-time co-judge’s client if the client is self-represented or represented by retained or assigned counsel, not associated with the co-judge’s private law practice. (2) A part-time judge who is...Mon, 20 Apr 2009 24:30:16 ESThttp://www.nycourts.gov/acoje/opinions/08-220 and 08-222.htmhttp://www.nycourts.gov/acoje/opinions/08-215.htmOpinion 08-215. December 4, 2008. Digest: A part-time judge may serve on a county government-sponsored committee to explore the issue of an Assigned Counsel system, Public Defender system or hybrid system to represent indigent defendants in the county.Rules: 22 NYCRR 100.2; 100.2(A) 100.4(A)1) - (3) 1...Mon, 20 Apr 2009 24:28:27 ESThttp://www.nycourts.gov/acoje/opinions/08-215.htmhttp://www.nycourts.gov/acoje/opinions/03-88.htmOpinion 03-88. May 7, 2004. NOTE: This opinion has been overruled by Opinions 08-28 and 08-08 to the extent that it permits a judge who has filed a disciplinary complaint against an attorney to preside over matters involving that attorney, even if a party objects.Digest: (1) Under the circumstances presented, whe...Tue, 28 Apr 2009 18:38:28 ESThttp://www.nycourts.gov/acoje/opinions/03-88.htmhttp://www.nycourts.gov/acoje/opinions/09-12.htmOpinion 09-12. January 29, 2009. Digest: A full-time judge who owns a condominium unit may act pro se to assert his/her personal rights as an individual owner in an action against the condominium board, but may not lead or advise the other condominium owners in making litigation decisions or give advice to ...Tue, 28 Apr 2009 18:21:37 ESThttp://www.nycourts.gov/acoje/opinions/09-12.htmhttp://www.nycourts.gov/acoje/opinions/08-219_08-221.htmJoint Opinion 08-219/08-221. December 4, 2008. Digest: A town or village justice may permit a court bailiff or town court security officer to work also as a county probation officer, but may not permit the court clerk to work also as a county probation officer.Rules: Criminal Procedure Law §2.10(1) §2.10(24) §...Wed, 29 Apr 2009 19:45:29 ESThttp://www.nycourts.gov/acoje/opinions/08-219_08-221.htmhttp://www.nycourts.gov/acoje/opinions/08-176.htmOpinion 08-176. January 29, 2009. Digest: Provided that the judge otherwise complies with the Rules Governing Judicial Conduct, he/she may join and make use of an Internet-based social network. A judge choosing to do so should exercise an appropriate degree of discretion in how he/she uses the social network...Wed, 29 Apr 2009 19:43:53 ESThttp://www.nycourts.gov/acoje/opinions/08-176.htmhttp://www.nycourts.gov/acoje/opinions/89-30.htmOpinion 89-30. May 11, 1989. The Advisory Committee on Judicial Ethics agrees that your inquiry (89-30) is covered by previous Committee Opinion 87-25, a copy of which is enclosed.We conclude that there is no per se ethical prohibition to your serving as a member of the associate counsel staff to the New...Tue, 12 May 2009 18:57:19 ESThttp://www.nycourts.gov/acoje/opinions/89-30.htmhttp://www.nycourts.gov/acoje/opinions/03-121.htmOpinion 03-121. December 22, 2004. This is in response to your inquiry (03-121) in which you inform the Committee that you had been the subject of an order to show cause brought by the District Attorney in an Article 78 proceeding to compel you to render decisions in eleven outstanding cases. Prior to the adj...Tue, 12 May 2009 18:42:03 ESThttp://www.nycourts.gov/acoje/opinions/03-121.htmhttp://www.nycourts.gov/acoje/opinions/06-147.htmOpinion 06-147. June 7, 2007. Digest: A judge outside his/her window period may not attend the post-election gathering sponsored by his/her spouse’s campaign, nor may the judge attend the out-of-state dinner hosted by a high-ranking congressional leader and financed by the congressional leader’s campaign...Thu, 14 May 2009 13:36:33 ESThttp://www.nycourts.gov/acoje/opinions/06-147.htmhttp://www.nycourts.gov/acoje/opinions/09-08.htmOpinion 09-08. January 29, 2009. Digest: A full-time judge whose hobby is photography may not offer photographs, “spec images” or photographic sessions for sale to the general public. The judge may nonetheless accept occasional requests from friends, neighbors and colleagues to purchase the judge’s photogra...Thu, 14 May 2009 19:23:25 ESThttp://www.nycourts.gov/acoje/opinions/09-08.htmhttp://www.nycourts.gov/acoje/opinions/08-209.htmOpinion 08-209. January 29, 2009. Digest: A judge is not required by the Rules Governing Judicial Conduct to report his/her own violation of the Rules.Rules: County Law §722; 22 NYCRR 100.2; 100.2(A) 100.3(D)1) 100.6 (B)2) 822.1(b) Opinion 03-121.. Opinion:. A part-time judge who is permitted to practice law...Thu, 14 May 2009 19:20:15 ESThttp://www.nycourts.gov/acoje/opinions/08-209.htmhttp://www.nycourts.gov/acoje/opinions/08-125,08-147,08-148and08-149.htmJoint Opinion 08-125, 08-147, 08-148 and 08-149. March 12, 2009. Digest: A judicial candidate may permit his/her relatives to serve on his/her campaign committee and engage in fund-raising activities on his/her behalf.Rules: 22 NYCRR 100.0(Q) 100.2; 100.2(A) 100.5; 100.5(A)1)h) 100.5(A)2) 100.5(A)2)i) 100.5(A)4)a) (c...Thu, 14 May 2009 19:27:16 ESThttp://www.nycourts.gov/acoje/opinions/08-125,08-147,08-148and08-149.htmhttp://www.nycourts.gov/acoje/opinions/09-65and09-67.htmJoint Opinion 09-65/09-67. March 12, 2009. Digest: A part-time lawyer judge who shares office space with another attorney or law firm, and any other judge who presides in the same court as the part-time lawyer, must prohibit the other attorney or members of the law firm from appearing in the Rules: Judiciary Law §471...Fri, 15 May 2009 24:30:36 ESThttp://www.nycourts.gov/acoje/opinions/09-65and09-67.htmhttp://www.nycourts.gov/acoje/opinions/09-48.htmOpinion 09-48. May 15, 2009. Dear Judge:. This responds to your inquiry (09-48) in which you ask several questions about the ethical propriety of participating in various extra-judicial activities and whether there are any prohibitions against your law partner appearing in your court. These questions will be address...Mon, 18 May 2009 13:05:41 ESThttp://www.nycourts.gov/acoje/opinions/09-48.htmhttp://www.nycourts.gov/acoje/opinions/09-45.htmOpinion 09-45. May 15, 2009. Dear Judge:. This responds to your inquiry (09-45) asking whether you may preside when an attorney who appears before you practices law with an attorney who represented you on a matter that is now concluded. In the event you are disqualified from presiding, you also ask whether the attor...Mon, 18 May 2009 13:19:38 ESThttp://www.nycourts.gov/acoje/opinions/09-45.htmhttp://www.nycourts.gov/acoje/opinions/08-80.htmOpinion 08-80. April 24, 2008. Digest: A part-time lawyer judge who is permitted to practice law and occasionally appears as an attorney in a jury trial should not voluntarily reveal his/her judicial status to prospective jurors during a jury trial voir dire. The lawyer/judge may, however, notify the tria...Mon, 18 May 2009 13:22:25 ESThttp://www.nycourts.gov/acoje/opinions/08-80.htmhttp://www.nycourts.gov/acoje/opinions/91-10.htmOpinion 91-10. January 24, 1991. Digest: A judge should not preside over any case in which either the law firm or a member of the law firm representing the judge in an automobile accident lawsuit appears.Rules: 22 NYCRR § 100.3(c). Opinion:. A judge asks about the propriety of hearing cases involving a law firm whic...Mon, 18 May 2009 15:48:14 ESThttp://www.nycourts.gov/acoje/opinions/91-10.htmhttp://www.nycourts.gov/acoje/opinions/90-196.htmOpinion 90-196. December 11, 1990. Digest: A judge may appoint a law 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 flyers fo...Mon, 18 May 2009 15:42:39 ESThttp://www.nycourts.gov/acoje/opinions/90-196.htmhttp://www.nycourts.gov/acoje/opinions/90-194.htmOpinion 90-194. January 7, 1991. Dear Judge:. The Advisory Committee on Judicial Ethics, at its meeting of December 11, 1990, considered your inquiry (90-194) dated November 27, 1990, concerning the propriety of a judge presiding over a case where one of the parties is represented by a large mun...Mon, 18 May 2009 15:40:07 ESThttp://www.nycourts.gov/acoje/opinions/90-194.htmhttp://www.nycourts.gov/acoje/opinions/90-188.htmOpinion 90-188. December 11, 1990. Digest: A judge may not continue to serve as assistant district attorney in one county and hold a position as a part- time judge in another county.Rules: 22 NYCRR §100.5(h) and 100.2. Opinion:. A part-time judge, who is also an assistant district attorney, inquires whe...Mon, 18 May 2009 15:38:02 ESThttp://www.nycourts.gov/acoje/opinions/90-188.htmhttp://www.nycourts.gov/acoje/opinions/90-184.htmOpinion 90-184. December 11, 1990. Digest: A full-time judge may accept an invitation to be honored at the non-fund raising annual dinner of an ethnic police association.Rules: 22 NYCRR 100.5(b)2). Opinion:. A full-time judge inquires whether the judge may accept an invitation to be honored at the annual di...Mon, 18 May 2009 15:36:17 ESThttp://www.nycourts.gov/acoje/opinions/90-184.htmhttp://www.nycourts.gov/acoje/opinions/90-181.htmOpinion 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). Opinion:. The president of a county magistrates’ association...Mon, 18 May 2009 15:33:09 ESThttp://www.nycourts.gov/acoje/opinions/90-181.htmhttp://www.nycourts.gov/acoje/opinions/90-174.htmOpinion 90-174. December 11, 1990. Digest: A judge may not serve on the honorary committee for a fundraising dinner to benefit a lawyers’ association.Rules: 22 NYCRR 100.5(b)2). Opinion:. A judge inquires about the propriety of accepting an invitation to serve on the honorary committee for a fundraising dinner o...Mon, 18 May 2009 15:29:48 ESThttp://www.nycourts.gov/acoje/opinions/90-174.htmhttp://www.nycourts.gov/acoje/opinions/90-156.htmOpinion 90-156. October 23, 1990. Digest: A judge should not write a character reference at the request of an attorney being investigated.Rules: 22 NYCRR 100.2(c) Code of Judicial Conduct, Canon 2B. Opinion:. The disciplinary committee of one of the Appellate Divisions is conducting an investigation of the c...Mon, 18 May 2009 15:28:08 ESThttp://www.nycourts.gov/acoje/opinions/90-156.htmhttp://www.nycourts.gov/acoje/opinions/90-151.htmOpinion 90-151. 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 matter before the judge, unless, after disclosing the relationship to the parties, all parties consent to the judge’s continued participation....Mon, 18 May 2009 15:24:14 ESThttp://www.nycourts.gov/acoje/opinions/90-151.htmhttp://www.nycourts.gov/acoje/opinions/90-136.htmOpinion 90-136. October 23, 1990. Digest: A judge need not disqualify himself or herself when the attorney appearing 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(c)1). Opinion:. A part-time judge asks wh...Mon, 18 May 2009 15:21:53 ESThttp://www.nycourts.gov/acoje/opinions/90-136.htmhttp://www.nycourts.gov/acoje/opinions/90-134.htmOpinion 90-134. September 18, 1990. Digest: 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 village, town and school attorney, since this ...Mon, 18 May 2009 15:17:07 ESThttp://www.nycourts.gov/acoje/opinions/90-134.htmhttp://www.nycourts.gov/acoje/opinions/09-93.htmOpinion 09-93. May 19, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-93) asking whether there is anything further you must do regarding insulating your law clerk from working on pending Family Court matters before you of the various attorneys involved in both the sale and purchase of ...Wed, 20 May 2009 24:54:12 ESThttp://www.nycourts.gov/acoje/opinions/09-93.htmhttp://www.nycourts.gov/acoje/opinions/09-91.htmOpinion 09-91. May 19, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-91) asking whether you may serve as a hearing officer for the County Health Department. There is no ethical prohibition against such dual employment provided your services as a hearing officer do not conflict or inte...Wed, 20 May 2009 24:53:00 ESThttp://www.nycourts.gov/acoje/opinions/09-91.htmhttp://www.nycourts.gov/acoje/opinions/09-90.htmOpinion 09-90. May 18, 2009. Hon.. Dear Magistrate :. This responds to your inquiry (09-90) asking whether it is ethically permissible for you to run for and serve on a local school board and the Board of Trustees of a local public library. The Rules Governing Judicial Conduct prohibit a judge from “par...Wed, 20 May 2009 24:51:50 ESThttp://www.nycourts.gov/acoje/opinions/09-90.htmhttp://www.nycourts.gov/acoje/opinions/09-82.htmOpinion 09-82. May 19, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-82) asking whether you may appoint a current Judicial Hearing Officer in the _ County Family Court to a fiduciary position in matters in the same county’s Supreme Court. Please be advised that the Rules of the Chief ...Wed, 20 May 2009 24:50:18 ESThttp://www.nycourts.gov/acoje/opinions/09-82.htmhttp://www.nycourts.gov/acoje/opinions/09-95.htmOpinion 09-95. May 20, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-95) asking whether you should recuse yourself in a pending matter and in future matters involving an attorney who had been a partner in a law firm which represented you before the Judicial Conduct Commission. Because...Thu, 21 May 2009 16:27:54 ESThttp://www.nycourts.gov/acoje/opinions/09-95.htmhttp://www.nycourts.gov/acoje/opinions/09-26.htmOpinion 09-26. February 19, 2009. Dear Justice :. This responds to your inquiry (09-26) in which you ask whether it is permissible to participate as the justice in a mock summary jury trial which will be presented by the [ ] County Bar Association as a CLE.A judge may speak, write, lecture, teach and other...Tue, 26 May 2009 15:15:40 ESThttp://www.nycourts.gov/acoje/opinions/09-26.htmhttp://www.nycourts.gov/acoje/opinions/91-57.htmOpinion 91-57. April 25, 1991. Digest: Judges may invite former judges to luncheon meetings, but should not discuss, in the presence of former judges, any presently pending matters or other matters inappropriate for discussion before non-judge attorneys. In court, such former judges should be addressed th...Fri, 29 May 2009 15:42:34 ESThttp://www.nycourts.gov/acoje/opinions/91-57.htmhttp://www.nycourts.gov/acoje/opinions/91-154.htmOpinion 91-154. Digest: A judge, who formerly was an assistant district attorney, may preside over vehicle and traffic violations and driving while intoxicated cases, provided the judge was not involved in the cases before going on the bench.Rules: 22 NYCRR §100.2. Opinion:. A recently appointed part...Fri, 29 May 2009 16:30:15 ESThttp://www.nycourts.gov/acoje/opinions/91-154.htmhttp://www.nycourts.gov/acoje/opinions/91-149.htmOpinion 91-149. Digest: A part time justice may continue to serve as a civilian employee of the State Police, provided that the judge disqualifies himself or herself in all matters involving the state police and provided that these disqualifications are not too frequent.Rules: 22 NYCRR §100.5(h). Opinion:. ...Fri, 29 May 2009 16:25:55 ESThttp://www.nycourts.gov/acoje/opinions/91-149.htmhttp://www.nycourts.gov/acoje/opinions/91-146.htmOpinion 91-146. December 5, 1991. Digest: A judge need not disqualify himself or herself from hearing a matter where one of the litigants was the judge’s opponent in the last election.Rules: 22 NYCRR 100.3(c)1). Opinion:. A judge asks for what period of time the judge should disqualify himself or...Fri, 29 May 2009 16:23:29 ESThttp://www.nycourts.gov/acoje/opinions/91-146.htmhttp://www.nycourts.gov/acoje/opinions/90-204.htmOpinion 90-204. January 24, 1991. Digest: 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 of justice....Fri, 29 May 2009 14:42:58 ESThttp://www.nycourts.gov/acoje/opinions/90-204.htmhttp://www.nycourts.gov/acoje/opinions/91-08.htmOpinion 91-08. February 8, 1991. The Advisory Committee on Judicial Ethics, at its meeting of January 24, 1991, considered your inquiry (91-08) , 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 c...Fri, 29 May 2009 14:03:32 ESThttp://www.nycourts.gov/acoje/opinions/91-08.htmhttp://www.nycourts.gov/acoje/opinions/91-101.htmOpinion 91-101. September 12, 1991. Digest: 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.Rules: 22 NYCRR §100.3(b)4). Opinion:. An elected part-time judge, who also is an attorney and law partner with the judge’s son, asks if th...Fri, 29 May 2009 15:33:05 ESThttp://www.nycourts.gov/acoje/opinions/91-101.htmhttp://www.nycourts.gov/acoje/opinions/91-103.htmOpinion 91-103. September 12, 1991. Digest: A part-time lawyer town judge may not represent the town board in negotiating a contract with that town’s police union.Rules: 22 NYCRR §100.5(h) 100.5(c)1) 100.3(c)1). Opinion:. A part-time town judge, who also is a lawyer, inquires whether the judge ma...Fri, 29 May 2009 16:16:09 ESThttp://www.nycourts.gov/acoje/opinions/91-103.htmhttp://www.nycourts.gov/acoje/opinions/91-113.htmOpinion 91-113. October 31, 1991. Digest: Two judicial candidates on the same slate, campaigning for two judicial positions, may participate in a joint fundraiser with the proceeds being divided between the two campaigns, provided neither candidate comments on the qualifications of or endorses the other....Fri, 29 May 2009 15:41:03 ESThttp://www.nycourts.gov/acoje/opinions/91-113.htmhttp://www.nycourts.gov/acoje/opinions/91-114.htmOpinion 91-114. October 31, 1991. Digest: A judge must report to appropriate authorities apparent misconduct of a lawyer, if the judge reasonably believes that the misconduct of the attorney was substantial.Rules: 22 NYCRR 100.3(b)3). Opinion:. A judge has inquired whether the judge has a duty to act where the town att...Fri, 29 May 2009 16:21:07 ESThttp://www.nycourts.gov/acoje/opinions/91-114.htmhttp://www.nycourts.gov/acoje/opinions/91-21.htmOpinion 91-21. March 14, 1991. Digest: A judge should not undertake the affirmative obligation of watching for a future arraignment in order to notify a newspaper of the date.Rules: 22 NYCRR §100.2.. Opinion:. A part-time judge has inquired whether it is appropriate to respond to a request by a local newspape...Fri, 29 May 2009 15:16:16 ESThttp://www.nycourts.gov/acoje/opinions/91-21.htmhttp://www.nycourts.gov/acoje/opinions/91-44.htmOpinion 91-44. March 14, 1991. Digest: 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.Rules: 22 NYCRR §100.7. Opinion:. A full-time judge inquires whether a judge may mee...Fri, 29 May 2009 13:56:40 ESThttp://www.nycourts.gov/acoje/opinions/91-44.htmhttp://www.nycourts.gov/acoje/opinions/91-56.htmOpinion 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 a no...Fri, 29 May 2009 15:38:10 ESThttp://www.nycourts.gov/acoje/opinions/91-56.htmhttp://www.nycourts.gov/acoje/opinions/91-27; 91-49 .htmJoint Opinion 91-27; 91-49. April 25, 1991. Digest: 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.Rules: 22 NYCRR §100.1; 100.2(a) 100.3(a)1) ; 100.7(e). Opinion:. ...Fri, 29 May 2009 14:36:24 ESThttp://www.nycourts.gov/acoje/opinions/91-27; 91-49 .htmhttp://www.nycourts.gov/acoje/opinions/88-153.htmOpinion 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 disqualifying hi...Mon, 01 Jun 2009 24:57:21 ESThttp://www.nycourts.gov/acoje/opinions/88-153.htmhttp://www.nycourts.gov/acoje/opinions/09-103.htmOpinion 09-103. June 5, 2009. Dear Justice :. This responds to your inquiry (09-103) asking whether, for certain Part 36 fiduciary appointments made before the effective date of being appointed town justice, you may complete the work and accept compensation for those assignments after the effect...Tue, 09 Jun 2009 14:54:32 ESThttp://www.nycourts.gov/acoje/opinions/09-103.htmhttp://www.nycourts.gov/acoje/opinions/09-108.htmOpinion 09-108. June 1, 2009. Dear Judge :. This responds to your inquiry (09-108) asking whether it is permissible for the New York Chapter of the National Association of Women Judges to lend their support to a bill in the state legislature, sign a letter urging New York State elected officials to pass a bill, and to...Tue, 09 Jun 2009 14:57:02 ESThttp://www.nycourts.gov/acoje/opinions/09-108.htmhttp://www.nycourts.gov/acoje/opinions/08-223.htmOpinion 08-223. December 4, 2008. Digest: (1) A judge who is subpoenaed to provide an affidavit in a lawsuit that the judge commenced prior to assuming the bench must respond as required by law. (2) A judge may voluntarily testify as an expert witness in a lawsuit that the judge commenced prior to assuming t...Wed, 10 Jun 2009 13:44:54 ESThttp://www.nycourts.gov/acoje/opinions/08-223.htmhttp://www.nycourts.gov/acoje/opinions/04-106.htmOpinion 04-106. October 28, 2004. Note: This opinion has been modified, in part, by Opinion 08-152.. 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) Knowled...Wed, 10 Jun 2009 14:16:39 ESThttp://www.nycourts.gov/acoje/opinions/04-106.htmhttp://www.nycourts.gov/acoje/opinions/03-64.htmOpinion 03-64. September 4, 2003. Note: This opinion has been modified, in part, by Opinion 08-152.. 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 ...Wed, 10 Jun 2009 14:22:22 ESThttp://www.nycourts.gov/acoje/opinions/03-64.htmhttp://www.nycourts.gov/acoje/opinions/07-24.htmOpinion 07-24. February 22, 2007. Note: This opinion has been modified, in part, by Opinion 08-152.. Digest: A judge need not recuse when a labor union that endorsed the judge’s candidacy (without further campaign involvement) is a party in a matter before the judge....Wed, 10 Jun 2009 14:16:57 ESThttp://www.nycourts.gov/acoje/opinions/07-24.htmhttp://www.nycourts.gov/acoje/opinions/05-143.htmOpinion 05-143. January 26, 2006. Note: Opinion 09-45 has clarified that "a]lthough the Committee did not specifically mention the availability of remittal in Opinion 05-143, it was not the Committee’s intention to preclude it under the facts presented.Digest: Recusal is required where the law firm, re...Wed, 10 Jun 2009 16:52:02 ESThttp://www.nycourts.gov/acoje/opinions/05-143.htmhttp://www.nycourts.gov/acoje/opinions/08-175.htmOpinion 08-175. October 23, 2009. Digest: A judge who routinely refers families to an agency’s supervised visitation and custody exchange program may, at a bar association’s request, write a letter in support of a local family services agency’s nomination for an annual award from a newspaper....Fri, 19 Jun 2009 13:46:47 ESThttp://www.nycourts.gov/acoje/opinions/08-175.htmhttp://www.nycourts.gov/acoje/opinions/08-212.htmOpinion 08-212. December 4, 2008. Digest: A judge is disqualified, subject to remittal, when his/her first cousin, the Corporation Counsel for a local municipality, appears before the judge. The judge is also disqualified, subject to remittal, when other attorneys from that office appear before him/her, or w...Fri, 19 Jun 2009 13:46:58 ESThttp://www.nycourts.gov/acoje/opinions/08-212.htmhttp://www.nycourts.gov/acoje/opinions/09-68.htmOpinion 09-68. March 12, 2009. Digest: A judge who serves on a court-sponsored pro bono action committee may sign formal or handwritten letters or notes of appreciation on behalf of the committee, using either court letterhead or committee letterhead, to attorneys who serve as volunteer pro bono advocates...Fri, 19 Jun 2009 13:46:53 ESThttp://www.nycourts.gov/acoje/opinions/09-68.htmhttp://www.nycourts.gov/acoje/opinions/08-152.htmOpinion 08-152. December 4, 2008. Digest: A judge who is a judicial candidate within his/her window period may ask attorneys who regularly appear before him/her to attend a reception and speak to attendees about their experience appearing before the judge, as long as he/she takes care to avoid any appearance...Mon, 22 Jun 2009 20:27:24 ESThttp://www.nycourts.gov/acoje/opinions/08-152.htmhttp://www.nycourts.gov/acoje/opinions/93-123.htmOpinion 93-123. December 9, 1993. Digest: A judge, acting as an instructor for the Court Clerk Examination, may include the title “Honorable, as well as academic and teaching credentials in the course announcement.Rules: 22 NYCRR 100.4(a) 100.5(b)2). Opinion:. A full-time judge, acting as an instructor for the...Wed, 24 Jun 2009 13:24:20 ESThttp://www.nycourts.gov/acoje/opinions/93-123.htmhttp://www.nycourts.gov/acoje/opinions/88-127.htmOpinion 88-127. November 21, 1988. Dear Justice :. This is in response to your letters of October 14 and October 17, 1988, in which you inquire whether, as a part-time village justice, you may prosecute cases as a village attorney in a county court presided over by a justice who is authorized to practice law....Wed, 24 Jun 2009 14:00:09 ESThttp://www.nycourts.gov/acoje/opinions/88-127.htmhttp://www.nycourts.gov/acoje/opinions/88-13.htmOpinion 88-13. March 14, 1988. Topic: Judge serving as co-chairman of a religious group’s Dinner Committee.. Digest: A judge may serve as co-chairman and master of ceremonies of a dinner sponsored by a religious organization when no fund-raising takes place at the dinner and where the judge will in no way be...Wed, 24 Jun 2009 13:42:10 ESThttp://www.nycourts.gov/acoje/opinions/88-13.htmhttp://www.nycourts.gov/acoje/opinions/88-152.htmOpinion 88-152. March 16, 1989. The Advisory Committee 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 ...Wed, 24 Jun 2009 14:03:43 ESThttp://www.nycourts.gov/acoje/opinions/88-152.htmhttp://www.nycourts.gov/acoje/opinions/88-166.htmOpinion 88-166. January 12, 1988. Topic: Whether a judge may submit an affidavit of good character to the bar admission committee for a student who has worked for the judge as a summer intern.Digest: A judge may submit an affidavit of good character for an applicant to the New York bar if it contains an accurate ref...Wed, 24 Jun 2009 13:36:42 ESThttp://www.nycourts.gov/acoje/opinions/88-166.htmhttp://www.nycourts.gov/acoje/opinions/88-68.htmOpinion 88-68. July 15, 1988. Dear Mr. :. This is in response to your letter of May 5, 1988, requesting an opinion about the propriety of the attorney-spouses of [ ] Court Judges practicing before other judges in that court.The Rules of the Chief Administrator and the Code of Judicial Conduct do no...Wed, 24 Jun 2009 14:02:23 ESThttp://www.nycourts.gov/acoje/opinions/88-68.htmhttp://www.nycourts.gov/acoje/opinions/89-37.htmOpinion 89-37. May 11, 1989. Dear Judge :. The Advisory Committee on Judicial Ethics, at its meeting of April 4, 1989, considered your inquiry (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 you, f...Wed, 24 Jun 2009 13:32:54 ESThttp://www.nycourts.gov/acoje/opinions/89-37.htmhttp://www.nycourts.gov/acoje/opinions/90-146.htmOpinion 90-146. October 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 himself or herself in matters involving the attorney, but should disclose the relationship to the parties and obtain their consent a...Wed, 24 Jun 2009 14:52:57 ESThttp://www.nycourts.gov/acoje/opinions/90-146.htmhttp://www.nycourts.gov/acoje/opinions/90-20.htmOpinion 90-20. March 1, 1990. Digest: 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 §100.2 and 100.3(a). Opinion:. A part-time judge inquires whether he should recus...Wed, 24 Jun 2009 14:38:32 ESThttp://www.nycourts.gov/acoje/opinions/90-20.htmhttp://www.nycourts.gov/acoje/opinions/90-79.htmOpinion 90-79. September 18, 1990. Digest: A part-time judge may not seek re-election to a local school board, and should resign from the board.Rules: 22 NYCRR §100.7; Canon &A)3) Code of Judicial Conduct.. Opinion:. A part-time judge who was elected to the local school board before becoming a judge, inquires concer...Wed, 24 Jun 2009 14:50:28 ESThttp://www.nycourts.gov/acoje/opinions/90-79.htmhttp://www.nycourts.gov/acoje/opinions/92-107.htmOpinion 92-107. September 24, 1992. Digest: A judge need not recuse himself or herself in a class action settlement, where the judge’s mother owns less than .001 percent of the outstanding stock in one of the parties.Rules: 22 NYCRR 100.3(c)iv)b). Opinion:. A judge, who is presiding over the settlement of a...Wed, 24 Jun 2009 16:47:51 ESThttp://www.nycourts.gov/acoje/opinions/92-107.htmhttp://www.nycourts.gov/acoje/opinions/92-108.htmOpinion 92-108. September 24, 1992. Digest: A village prosecutor must relinquish that position before accepting an appointment as a part-time judge.Rules: 22 NYCRR §100.2; 100.5(f). Opinion:. An attorney, who is a village prosecutor, represents that village in traffic infraction matters and building code violations ...Wed, 24 Jun 2009 16:57:18 ESThttp://www.nycourts.gov/acoje/opinions/92-108.htmhttp://www.nycourts.gov/acoje/opinions/92-109.htmOpinion 92-109. October 13, 1992. Dear Justice :. The Advisory Committee on Judicial Ethics, at its meeting of September 24, 1992, considered your inquiry (92-109) about disqualification where your law clerk’s spouse is an assistant district attorney.Enclosed for your information are Opinions 88-140 ...Wed, 24 Jun 2009 18:20:05 ESThttp://www.nycourts.gov/acoje/opinions/92-109.htmhttp://www.nycourts.gov/acoje/opinions/92-112.htmOpinion 92-112. September 24, 1992. Digest: A judge may not be a member of an association of active police officers and chiefs.. Rules: 22 NYCRR 100.5(b). Opinion:. A part-time judge requests an opinion about the judge’s membership in two active police chief organizations. The judge states that he or she will not ...Wed, 24 Jun 2009 18:18:43 ESThttp://www.nycourts.gov/acoje/opinions/92-112.htmhttp://www.nycourts.gov/acoje/opinions/92-125.htmOpinion 92-125. November 19, 1992. Digest: 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 §100.2(c) 100.5(c)1). Opinion:. A part-time judge inquires whether the judge may advertise the judge’s law practice in the local wee...Wed, 24 Jun 2009 18:17:25 ESThttp://www.nycourts.gov/acoje/opinions/92-125.htmhttp://www.nycourts.gov/acoje/opinions/92-42.htmOpinion 92-42. June 18, 1992. Digest: If a part-time lawyer-judge concludes that another part-time lawyer-judge (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 ...Wed, 24 Jun 2009 16:14:00 ESThttp://www.nycourts.gov/acoje/opinions/92-42.htmhttp://www.nycourts.gov/acoje/opinions/92-55.htmOpinion 92-55. May 7, 1992. Digest: A judge may write a letter to a firm providing information about an attorney for use in the attorney’s discrimination lawsuit as long as the information is limited to objective facts.Rules: 22 NYCRR 100.2.. Opinion:. A judge asks whether he or she may write a letter ...Wed, 24 Jun 2009 14:35:17 ESThttp://www.nycourts.gov/acoje/opinions/92-55.htmhttp://www.nycourts.gov/acoje/opinions/92-71.htmOpinion 92-71. June 18, 1992. Digest: 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) 22NYCRR 100.3(c)iv)c). Opinion:. A part-time judge inquires whether disqualificatio...Wed, 24 Jun 2009 16:55:14 ESThttp://www.nycourts.gov/acoje/opinions/92-71.htmhttp://www.nycourts.gov/acoje/opinions/92-72.htmOpinion 92-72. June 18, 1992. Digest: A part-time judge whose spouse and brother-in-law are deputy sheriffs is not disqualified in criminal cases in which the county sheriff’s other deputies are involved, provided the judge’s spouse and brother-in-law were not in any way involved....Wed, 24 Jun 2009 16:53:21 ESThttp://www.nycourts.gov/acoje/opinions/92-72.htmhttp://www.nycourts.gov/acoje/opinions/92-76.htmOpinion 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 defender....Wed, 24 Jun 2009 16:51:33 ESThttp://www.nycourts.gov/acoje/opinions/92-76.htmhttp://www.nycourts.gov/acoje/opinions/92-78.htmOpinion 92-78. July 2, 1992. Dear Justice :. 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 fundraising mailing. Under the circumstances, ...Wed, 24 Jun 2009 16:49:17 ESThttp://www.nycourts.gov/acoje/opinions/92-78.htmhttp://www.nycourts.gov/acoje/opinions/93-112.htmOpinion 93-112. December 9, 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 §100.1, 100.2 and 100.5(h). Opinion:. A part-time local justice asks whether it is ethic...Wed, 24 Jun 2009 19:41:31 ESThttp://www.nycourts.gov/acoje/opinions/93-112.htmhttp://www.nycourts.gov/acoje/opinions/93-118.htmOpinion 93-118. December 30, 1993. I am writing in response to your inquiry (93-118) wherein you request an opinion as to whether one of your 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 dist...Wed, 24 Jun 2009 19:51:20 ESThttp://www.nycourts.gov/acoje/opinions/93-118.htmhttp://www.nycourts.gov/acoje/opinions/93-12.htmOpinion 93-12. January 28, 1993. Digest: A judge may write a letter of reference to the State Department of Education on behalf of a friend, who is applying for a license, regarding that person’s character and moral fitness.Rules: 22 NYCRR 100.2(c). Opinion:. A judge inquires whether the judge may submit a le...Wed, 24 Jun 2009 18:15:00 ESThttp://www.nycourts.gov/acoje/opinions/93-12.htmhttp://www.nycourts.gov/acoje/opinions/93-21.htmOpinion 93-21. January 28, 1993. Digest: A newly-elected full-time judge may preside over cases where the judge’s law clerk has business affiliations with attorneys who appear before the judge, provided that the clerk’s relationship is disclosed to all parties and the clerk is insulated from the matter. How...Wed, 24 Jun 2009 18:10:20 ESThttp://www.nycourts.gov/acoje/opinions/93-21.htmhttp://www.nycourts.gov/acoje/opinions/93-22.htmOpinion 93-22. March 11, 1993. Digest: A full-time judge may gratuitously inform the Senate Judiciary Committee of facts personally known about a nominee for a federal judgeship.Rules: 22 NYCRR §100.4(b). Opinion:. A full-time judge wishes to write a letter to the United States Senate Judiciary Committee to inform...Wed, 24 Jun 2009 18:21:51 ESThttp://www.nycourts.gov/acoje/opinions/93-22.htmhttp://www.nycourts.gov/acoje/opinions/93-27.htmOpinion 93-27. March 11, 1993. Digest: A full-time judge may run for and serve on a committee established pursuant to the regulations 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 parents a...Wed, 24 Jun 2009 18:41:10 ESThttp://www.nycourts.gov/acoje/opinions/93-27.htmhttp://www.nycourts.gov/acoje/opinions/93-23.htmOpinion 93-23. January 28, 1993. Digest: A judge may write a monthly column for a local newspaper on non-legal events, activities and organizations of interest to a particular ethnic community, provided that the column is not used to publicize fundraising.Rules: 22 NYCRR 100.5(a) and (b)2). A judge, who has been ask...Wed, 24 Jun 2009 18:43:10 ESThttp://www.nycourts.gov/acoje/opinions/93-23.htmhttp://www.nycourts.gov/acoje/opinions/93-29.htmOpinion 93-29. March 11, 1993. Digest: A city court judge may permit the partner of a city attorney to appear for criminal defendants.Rules: 22 NYCRR §100.2.. Opinion:. A city court judge inquires whether a partner of the city attorney may appear before the judge in representation of criminal defendants. The judge sta...Wed, 24 Jun 2009 18:37:10 ESThttp://www.nycourts.gov/acoje/opinions/93-29.htmhttp://www.nycourts.gov/acoje/opinions/93-39.htmOpinion 93-39. March 26, 1993. Dear Judge :. 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...Wed, 24 Jun 2009 18:35:06 ESThttp://www.nycourts.gov/acoje/opinions/93-39.htmhttp://www.nycourts.gov/acoje/opinions/93-42.htmOpinion 93-42. April 29, 1993. Digest: 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(c)3). Opinion:. A town justice inquires whether it would be proper to accept from the district attorney a recording ...Wed, 24 Jun 2009 18:28:43 ESThttp://www.nycourts.gov/acoje/opinions/93-42.htmhttp://www.nycourts.gov/acoje/opinions/93-55.htmOpinion 93-55. April 29, 1993. Digest: A full-time judge may make an appearance before th Executive Committee of a political party for the purpose of being interviewed as a possible candidate for the position of district attorney.Rules: 22 NYCRR 100.7. Opinion:. A full-time judge inquires whether a judge may mak...Wed, 24 Jun 2009 18:44:02 ESThttp://www.nycourts.gov/acoje/opinions/93-55.htmhttp://www.nycourts.gov/acoje/opinions/93-57.htmOpinion 93-57. September 14, 1993. Digest: A town justice who is permitted to practice law and the justice’s law partners may handle cases before any lay judge in the county except in the lawyer-judge’s own court, notwithstanding that at an earlier stage – but before the inquiring justice became a justice – t...Wed, 24 Jun 2009 19:05:27 ESThttp://www.nycourts.gov/acoje/opinions/93-57.htmhttp://www.nycourts.gov/acoje/opinions/93-60.htmOpinion 93-60. June 10, 1993. Digest: A City Court judge may not inquire of members of the local criminal 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 §722-d....Wed, 24 Jun 2009 19:01:10 ESThttp://www.nycourts.gov/acoje/opinions/93-60.htmhttp://www.nycourts.gov/acoje/opinions/93-61.htmOpinion 93-61. September 14, 1993. Digest: A judge must disqualify himself or herself from presiding over cases being handled by the law firm that has recently represented and at present represents the judge and his family in several matters, unless after full disclosure, the parties consent and the judge doe...Wed, 24 Jun 2009 18:52:46 ESThttp://www.nycourts.gov/acoje/opinions/93-61.htmhttp://www.nycourts.gov/acoje/opinions/93-67.htmOpinion 93-67. June 10, 1993. Digest: It is permissible for a town court to allow its computerized files to be made part of a town computer network system, provided the judges of the town court are satisfied that the confidentiality of court matters will be safeguarded.Rules: 22 NYCRR 100.3(b). Opinion:. ...Wed, 24 Jun 2009 18:49:46 ESThttp://www.nycourts.gov/acoje/opinions/93-67.htmhttp://www.nycourts.gov/acoje/opinions/93-74.htmOpinion 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 references to judicial status are omitted, and that the report is not used for fundraising purposes.Rules: 22 NYCRR §100.2(c). Opinion:. A judge inquires whether ...Wed, 24 Jun 2009 18:46:44 ESThttp://www.nycourts.gov/acoje/opinions/93-74.htmhttp://www.nycourts.gov/acoje/opinions/93-78.htmOpinion 93-78. September 14, 1993. Digest: 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 association ma...Wed, 24 Jun 2009 19:25:36 ESThttp://www.nycourts.gov/acoje/opinions/93-78.htmhttp://www.nycourts.gov/acoje/opinions/93-81.htmOpinion 93-81. September 14, 1993. Digest: A full-time judge may act as an executor or executrix of the joint will for the estate of a family member and may receive compensation which is reasonable and not exceeding what a person who is not a judge would receive for the same activity.Rules: 22 NYCRR 100.5(d). ...Wed, 24 Jun 2009 19:48:09 ESThttp://www.nycourts.gov/acoje/opinions/93-81.htmhttp://www.nycourts.gov/acoje/opinions/93-84.htmOpinion 93-84. September 14, 1993. Digest: Without the approval of the Chief Administrator of the Courts, a full-time judge may not serve as an executor of an estate of a non-relative or as a testamentary trustee for former clients.Rules: 22 NYCRR §100.5(d) Canons 5D and 5F of the Code of Judicial Conduct.. Opinion:. ...Wed, 24 Jun 2009 19:45:43 ESThttp://www.nycourts.gov/acoje/opinions/93-84.htmhttp://www.nycourts.gov/acoje/opinions/08-59.htmOpinion 08-59. April 24, 2007. Digest: A judge who is a named plaintiff in a lawsuit against a municipality should, during the pendency of the lawsuit, disqualify him/herself from unrelated matters involving the municipality, subject to remittal.Rules: 22 NYCRR 100.2(A) 100.3(E)1) 100.3(F) 101.1; Opinion 04-66.. ...Fri, 26 Jun 2009 14:05:02 ESThttp://www.nycourts.gov/acoje/opinions/08-59.htmhttp://www.nycourts.gov/acoje/opinions/95-22.htmOpinion 95-22. January 19, 1995. Digest: The spouse of a judge may serve on the campaign committee of a candidate for the office of District AttorneyRules: 22 NYCRR 100.7. Opinion:. A County Court judge asks whether the spouse of a County Court judge may serve on the campaign committee of a candidate for t...Fri, 26 Jun 2009 19:34:01 ESThttp://www.nycourts.gov/acoje/opinions/95-22.htmhttp://www.nycourts.gov/acoje/opinions/95-29.htmOpinion 95-29. March 9, 1995. Digest: 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.Rules: 22 NYCRR 100.3(a)4). Opinion:. A Supreme Court justice h...Fri, 26 Jun 2009 19:48:37 ESThttp://www.nycourts.gov/acoje/opinions/95-29.htmhttp://www.nycourts.gov/acoje/opinions/01-24.htmOpinion 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 ...Fri, 26 Jun 2009 19:05:49 ESThttp://www.nycourts.gov/acoje/opinions/01-24.htmhttp://www.nycourts.gov/acoje/opinions/94-03.htmOpinion 94-03. March 10, 1994. Digest: A part-time town justice who is a member of and the space coordinator for 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 relati...Fri, 26 Jun 2009 19:20:52 ESThttp://www.nycourts.gov/acoje/opinions/94-03.htmhttp://www.nycourts.gov/acoje/opinions/94-06.htmOpinion 94-06. April 28, 1994. Digest: 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 wrong-doing by predecessor directors....Fri, 26 Jun 2009 19:18:42 ESThttp://www.nycourts.gov/acoje/opinions/94-06.htmhttp://www.nycourts.gov/acoje/opinions/94-34.htmOpinion 94-34. Digest: 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 to the parties...Fri, 26 Jun 2009 19:15:53 ESThttp://www.nycourts.gov/acoje/opinions/94-34.htmhttp://www.nycourts.gov/acoje/opinions/94-36.htmOpinion 94-36. March 10, 1994. Digest: 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 performance.Rules: 22 NYCRR §100.2(c). Opinion:. An attorney who had appea...Fri, 26 Jun 2009 19:13:35 ESThttp://www.nycourts.gov/acoje/opinions/94-36.htmhttp://www.nycourts.gov/acoje/opinions/94-57.htmOpinion 94-57. June 16, 1994. Digest: A judge may teach dancing classes for a not-for-profit corporation for which services compensation is received.Rules: 22 NYCRR 100.6. Opinion:. In Inquiry 94-19, a full-time judge asked whether it was permissible to continue to teach dancing classes at a private perfor...Fri, 26 Jun 2009 19:10:32 ESThttp://www.nycourts.gov/acoje/opinions/94-57.htmhttp://www.nycourts.gov/acoje/opinions/94-83.htmOpinion 94-83. September 22, 1994. Digest: A judge may not serve as an election inspector on behalf of a political party.. Rules: 22 NYCRR Sec. 100.2(a) 100.3; 100.5(c)1) 100.5(g) & (h). Opinion:. A Town Justice asks if it is permissible to continue acting as a Republican Inspector of Elections, ...Fri, 26 Jun 2009 19:23:47 ESThttp://www.nycourts.gov/acoje/opinions/94-83.htmhttp://www.nycourts.gov/acoje/opinions/95-01.htmOpinion 95-01. January 19, 1995. Digest: A full-time judge should divest himself or herself of investment property owned jointly with a police officer if the police officer will appear frequently before the judge. If the police officer’s appearances will be infrequent, the judge should recuse from matters i...Fri, 26 Jun 2009 19:46:50 ESThttp://www.nycourts.gov/acoje/opinions/95-01.htmhttp://www.nycourts.gov/acoje/opinions/95-05.htmOpinion 95-05. January 19, 1995. Digest: A part-time judge who is permitted to practice law may not preside over proceedings involving current clients and may not arraign current, recent or past clients. Unless more than two years have elapsed since the last representation, a judge should disqualify himself...Fri, 26 Jun 2009 19:43:41 ESThttp://www.nycourts.gov/acoje/opinions/95-05.htmhttp://www.nycourts.gov/acoje/opinions/95-10.htmOpinion 95-10. January 19, 1995. Digest: A full-time judge can present Certificate of Achievement Awards at Scout ceremonies which are not fundraisers. In addition, the judge may serve on the Board of Directors of a not-for-profit community group engaged in town revitalization where the judge does not parti...Fri, 26 Jun 2009 19:40:18 ESThttp://www.nycourts.gov/acoje/opinions/95-10.htmhttp://www.nycourts.gov/acoje/opinions/95-16.htmOpinion 95-16. January 19, 1995. Digest: A County Court judge who is a plaintiff in a small claims action in a town court is not prohibited from hiring a private investigator to uncover facts in support of a motion to transfer the case to a different local court, although the wisdom or justification for suc...Fri, 26 Jun 2009 19:36:15 ESThttp://www.nycourts.gov/acoje/opinions/95-16.htmhttp://www.nycourts.gov/acoje/opinions/95-28.htmOpinion 95-28. March 9, 1995. Digest: There is no ethical bar which prohibits a full-time 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....Fri, 26 Jun 2009 19:31:59 ESThttp://www.nycourts.gov/acoje/opinions/95-28.htmhttp://www.nycourts.gov/acoje/opinions/96-126_and_96-130.htmJoint Opinion 96-126 and 96-130. December 12, 1996. Digest: Judges may not participate in a fund-raising spelling bee sponsored by a local newspaper in order to raise funds for the local community college.Rules: 22 NYCRR 100.4(C)3)b)ii)iv) Matter of Wolfgang, (N.Y. Com. Jud. Cond. November 1988) Mater of...Fri, 26 Jun 2009 19:27:19 ESThttp://www.nycourts.gov/acoje/opinions/96-126_and_96-130.htmhttp://www.nycourts.gov/acoje/opinions/95-69.htmOpinion 95-69. April 27, 1995. NOTE: MODIFIED BY RULE 100.4(C)3)b)i). The Rules Governing Judicial Conduct were amended in 1996. Rule 100.4(C)3)b)i) now provides as follows:b) A judge as an officer, director, trustee or non-legal advisory, or a member or otherwise:. i) may assist such an organization [an organizatio...Tue, 30 Jun 2009 18:33:29 ESThttp://www.nycourts.gov/acoje/opinions/95-69.htmhttp://www.nycourts.gov/acoje/opinions/95-119.htmOpinion 95-119. December 14, 1995. Digest: A Special Referee in the Supreme Court performs quasi-judicial duties and therefore may not serve on a committee to re-elect a Supreme Court justice.Rules: 22 NYCRR 100.7; 101.3(b). Opinion:. A Special Referee in the Supreme Court has been invited to serve on a commi...Tue, 30 Jun 2009 19:30:09 ESThttp://www.nycourts.gov/acoje/opinions/95-119.htmhttp://www.nycourts.gov/acoje/opinions/95-120.htmOpinion 95-120. September 21, 1995. Digest: A part-time judge may not accept employment as part-time police chief in a different community.Rules: 22 NYCRR 100.5(h). Opinion:. A part-time justice has been appointed to position of part-time police chief of a village in a different community and asks w...Tue, 30 Jun 2009 19:27:24 ESThttp://www.nycourts.gov/acoje/opinions/95-120.htmhttp://www.nycourts.gov/acoje/opinions/08-126.htmOpinion 08-126. June 3-4, 2009. Digest: (1) A judge must disqualify him/herself when the judge’s law clerk’s spouse or the spouse’s partners or associates appear in the judge’s court, subject to remittal, and must insulate the law clerk from all cases in which the spouse’s law firm appears. (2) A judge als...Tue, 30 Jun 2009 18:13:06 ESThttp://www.nycourts.gov/acoje/opinions/08-126.htmhttp://www.nycourts.gov/acoje/opinions/08-183,08-202,09-112.htmJoint Opinion 08-183/08-202/09-112. December 4, 2008. Digest: Whether a judge files a formal complaint against an attorney or makes an informal report to a disciplinary authority ultimately resulting in charges of misconduct against an attorney, and whether that complaint is filed before or after the ju...Tue, 30 Jun 2009 18:25:18 ESThttp://www.nycourts.gov/acoje/opinions/08-183,08-202,09-112.htmhttp://www.nycourts.gov/acoje/opinions/08-187.htmOpinion 08-187. October 23, 2008. Digest: A part-time judge may sign letters approving or denying grant requests made to a not-for-profit foundation for which he/she serves as president of the board of trustees. The judge may also serve as a 911 operator/dispatcher for a neighboring county.Rules: 22 NYCRR 100.2; 10...Tue, 30 Jun 2009 18:18:54 ESThttp://www.nycourts.gov/acoje/opinions/08-187.htmhttp://www.nycourts.gov/acoje/opinions/08-204.htmOpinion 08-204. December 4, 2008. Digest: A part-time non-attorney judge who presides in two neighboring courts within the same county that also are presided over by part-time attorney judges who are permitted to practice law must disqualify him/herself from presiding when his/her co-judge from one court app...Tue, 30 Jun 2009 18:20:40 ESThttp://www.nycourts.gov/acoje/opinions/08-204.htmhttp://www.nycourts.gov/acoje/opinions/09-122.htmOpinion 09-122. June 24, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-122) asking whether you may sit as a member of a Traffic Safety Board and whether you may seek employment as a STOP DWI Coordinator.There is no ethical prohibition to sitting as a member of a Traffic Safety Board provided the procee...Tue, 30 Jun 2009 18:17:48 ESThttp://www.nycourts.gov/acoje/opinions/09-122.htmhttp://www.nycourts.gov/acoje/opinions/95-35.htmOpinion 95-35. March 9, 1995. Digest: 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....Tue, 30 Jun 2009 18:44:08 ESThttp://www.nycourts.gov/acoje/opinions/95-35.htmhttp://www.nycourts.gov/acoje/opinions/95-43.htmOpinion 95-43. April 27, 1995. Digest: 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.Rules: 22 NYCRR 100.3(b)5)1). Opinion:. A full-time judge wants t...Tue, 30 Jun 2009 18:41:38 ESThttp://www.nycourts.gov/acoje/opinions/95-43.htmhttp://www.nycourts.gov/acoje/opinions/95-64.htmOpinion 95-64. June 5, 1995. In response to your letter of March 28, 1995, concerning possible limitations 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 the s...Tue, 30 Jun 2009 18:39:13 ESThttp://www.nycourts.gov/acoje/opinions/95-64.htmhttp://www.nycourts.gov/acoje/opinions/95-67.htmOpinion 95-67. April 27, 1995. Digest: A judge 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....Tue, 30 Jun 2009 18:36:41 ESThttp://www.nycourts.gov/acoje/opinions/95-67.htmhttp://www.nycourts.gov/acoje/opinions/95-83.htmOpinion 95-83. June 8, 1995. Digest: A candidate for a full-time judicial office may not simultaneously serve as a delegate to his/her party’s judicial convention.Rules: Code of Judicial Conduct, Canon 7A(1)a) 22 NYCRR 100.7. Opinion:. A candidate for full-time judicial office inquires as to the appropriatenes...Tue, 30 Jun 2009 18:46:51 ESThttp://www.nycourts.gov/acoje/opinions/95-83.htmhttp://www.nycourts.gov/acoje/opinions/95-102.htmOpinion 95-102. September 21, 1995. Digest: A Town Justice may not use his/her name to solicit contributions to the Fire Department in his/her capacity as Treasurer.Rules: 22 NYCRR 100.5(b)2) Opinions 88-121; 89-58; 91-23; and 92-36.. Opinion:. A Town Justice inquires about the propriety of acting as Treasurer of the T...Tue, 30 Jun 2009 19:07:23 ESThttp://www.nycourts.gov/acoje/opinions/95-102.htmhttp://www.nycourts.gov/acoje/opinions/95-110.htmOpinion 95-110. December 14, 1995. Digest: 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 depending ...Tue, 30 Jun 2009 19:05:11 ESThttp://www.nycourts.gov/acoje/opinions/95-110.htmhttp://www.nycourts.gov/acoje/opinions/95-113.htmOpinion 95-113. September 21, 1995. Digest: A full time judge who is 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 former district attorney, by a former cr...Tue, 30 Jun 2009 19:17:55 ESThttp://www.nycourts.gov/acoje/opinions/95-113.htmhttp://www.nycourts.gov/acoje/opinions/95-85.htmOpinion 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 attending “working sessions” of the Village Board which would include the Chief of Police, Village Attorney and town prosecutor, for the purpose of discussing local...Tue, 30 Jun 2009 19:15:16 ESThttp://www.nycourts.gov/acoje/opinions/95-85.htmhttp://www.nycourts.gov/acoje/opinions/95-96.htmOpinion 95-96. September 21, 1995. Digest: A full-time judge need not recuse himself/herself all cases where a party is represented by an attorney who has previously represented the judge’s law clerk.Rules: 22 NYCRR 100.3 (c)d). Opinion:. A full-time judge inquiries whether the judge must necessarily recuse himse...Tue, 30 Jun 2009 19:14:05 ESThttp://www.nycourts.gov/acoje/opinions/95-96.htmhttp://www.nycourts.gov/acoje/opinions/95-97.htmOpinion 95-97. September 21, 1995. Digest: A Family Court Hearing Examiner may be a candidate for and, if elected, may hold the part-time position of Town or Village Justice. A Family Court Hearing Examiner may teach a law-related college course at a local university.Rules: 22 NYCRR 100.5 (h) 100.4(a) 25.37. Opinion:. ...Tue, 30 Jun 2009 19:11:44 ESThttp://www.nycourts.gov/acoje/opinions/95-97.htmhttp://www.nycourts.gov/acoje/opinions/95-121.htmOpinion 95-121. September 21, 1995. Digest: A judge should not give a seminar to police officers who act as prosecutors in certain traffic cases, on how to prosecute successfully such cases.Rules: 22 NYCRR 100.1; 100.2 (a) (c). Opinion:. A city court judge inquires as to the propriety of giving a seminar to poli...Tue, 30 Jun 2009 19:26:09 ESThttp://www.nycourts.gov/acoje/opinions/95-121.htmhttp://www.nycourts.gov/acoje/opinions/95-126.htmOpinion 95-126. December 14, 1995. Digest: A judge may not serve on a Board of Directors of a not-for-profit corporation which offers financial support for prosecution of family offenses.Rules: 22 NYCRR 100.5(b)1) 100.2. Opinion:. A City Court Judge inquires concerning a request that the judge serve on a ...Tue, 30 Jun 2009 19:24:55 ESThttp://www.nycourts.gov/acoje/opinions/95-126.htmhttp://www.nycourts.gov/acoje/opinions/95-129.htmOpinion 95-129. December 14, 1995. Digest: 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.Rules: 22 NYCRR 100.2(a). Opinion:. A part-time town justice inquires whether it is pe...Tue, 30 Jun 2009 19:21:36 ESThttp://www.nycourts.gov/acoje/opinions/95-129.htmhttp://www.nycourts.gov/acoje/opinions/95-135.htmOpinion 95-135. November 9, 1995. Digest: A full time judge subpoenaed 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....Tue, 30 Jun 2009 19:33:04 ESThttp://www.nycourts.gov/acoje/opinions/95-135.htmhttp://www.nycourts.gov/acoje/opinions/95-136.htmOpinion 95-136. December 14, 1995. Digest: Under Rule 36.1 of the Rules of the Chief Judge a city court judge may not accept appointment as a guardian, guardian ad litem, or conservator except under circumstances defined in Rule 36.1(e) .Rules: 22 NYCRR 36.1; Opinions 93-98; 93-85. Opinion:. A judge of a city court w...Tue, 30 Jun 2009 19:35:23 ESThttp://www.nycourts.gov/acoje/opinions/95-136.htmhttp://www.nycourts.gov/acoje/opinions/96-104.htmOpinion 96-104. February 20, 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...Wed, 01 Jul 2009 13:33:20 ESThttp://www.nycourts.gov/acoje/opinions/96-104.htmhttp://www.nycourts.gov/acoje/opinions/96-150.htmOpinion 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 2019-a. Opinion:. A town justice has been r...Wed, 01 Jul 2009 13:51:56 ESThttp://www.nycourts.gov/acoje/opinions/96-150.htmhttp://www.nycourts.gov/acoje/opinions/96-39.htmOpinion 96-39. June 13, 1996. Digest: 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 §1.20 , 2.10, 2.15, 2.20; Town Law §31(5) ...Wed, 01 Jul 2009 13:49:23 ESThttp://www.nycourts.gov/acoje/opinions/96-39.htmhttp://www.nycourts.gov/acoje/opinions/96-42.htmOpinion 96-42. June 13, 1996. Digest: 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 b...Wed, 01 Jul 2009 13:43:52 ESThttp://www.nycourts.gov/acoje/opinions/96-42.htmhttp://www.nycourts.gov/acoje/opinions/96-85.htmOpinion 96-85. September 5, 1996. Digest: 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 that...Wed, 01 Jul 2009 13:40:34 ESThttp://www.nycourts.gov/acoje/opinions/96-85.htmhttp://www.nycourts.gov/acoje/opinions/96-89.htmOpinion 96-89. September 5, 1996. Digest: A full-time judge may complete the ministerial function of executing the referee’s deed and related papers arising out 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.Rules: New York State Con...Wed, 01 Jul 2009 13:36:36 ESThttp://www.nycourts.gov/acoje/opinions/96-89.htmhttp://www.nycourts.gov/acoje/opinions/99-136.htmOpinion 99-136. September 14, 1999. Digest: A letter soliciting contributions from bar associations in support of a high school essay contest sponsored by a judicial district's Gender Fairness Committee should not contain the names of any judges or any references to the State of New York or the Unified Court System....Wed, 01 Jul 2009 14:06:53 ESThttp://www.nycourts.gov/acoje/opinions/99-136.htmhttp://www.nycourts.gov/acoje/opinions/08-123.htmOpinion 08-123. October 23, 2008. Digest: A law clerk may serve on the Character and Fitness Committee. . Rules: Judiciary Law 90(1) 90(1)c) CPLR 9401; Opinion 95-167 (Vol. XIV). Opinion:. A judge asks whether he/she may permit his/her law clerk to serve on an Appellate Division Committee on Character and Fitness...Thu, 02 Jul 2009 19:27:55 ESThttp://www.nycourts.gov/acoje/opinions/08-123.htmhttp://www.nycourts.gov/acoje/opinions/08-190.htmOpinion 08-190. October 23, 2008. Digest: A part-time non-lawyer judge may accept part-time or full-time employment with a corporation that is selling gas leases so long as the judge does not preside in matters involving his/her employer and the extra-judicial employment does not interfere with the judge’s a...Thu, 02 Jul 2009 19:29:48 ESThttp://www.nycourts.gov/acoje/opinions/08-190.htmhttp://www.nycourts.gov/acoje/opinions/08-146.htmOpinion 08-146. October 23, 2008. Digest: A judge must determine whether another judge’s conduct constitutes a “substantial violation” of the Rules Governing Judicial Conduct triggering the judge’s obligation to take appropriate action.Rules: 22 NYCRR 100.1; 100.2; 100.2(A) 100.3(D)1) 100.3(E) Opinions 07-200;...Thu, 02 Jul 2009 20:14:26 ESThttp://www.nycourts.gov/acoje/opinions/08-146.htmhttp://www.nycourts.gov/acoje/opinions/08-193.htmOpinion 08-193. October 23, 2008. Digest: A judge may serve on a panel that will award annual student-athlete scholarships on behalf of a hospital’s community relations board provided the judge will not be involved in any fund-raising.Rules: 22 NYCRR 100.2; 100.2(A) 100.4(A)1) -3) 100.4(C)3) (100.4(C)3)b)i) 1...Thu, 02 Jul 2009 20:16:03 ESThttp://www.nycourts.gov/acoje/opinions/08-193.htmhttp://www.nycourts.gov/acoje/opinions/08-195.htmOpinion 08-195. October 23, 2008. Digest: A town judge may play an existing digital recording for the town board that supports the need for security measures in his/her court. However, in responding to any questions about the recording, the judge may only discuss court procedures and security and must be car...Wed, 08 Jul 2009 24:46:35 ESThttp://www.nycourts.gov/acoje/opinions/08-195.htmhttp://www.nycourts.gov/acoje/opinions/08-198.htmOpinion 08-198. December 4, 2008. Digest: A judge who is aware that an attorney does not comply with a bar association ethics committee opinion must determine if such conduct evidences a substantial likelihood that the attorney has committed a substantial violation of the Rules of Professional Conduct and, i...Wed, 08 Jul 2009 24:48:42 ESThttp://www.nycourts.gov/acoje/opinions/08-198.htmhttp://www.nycourts.gov/acoje/opinions/08-206.htmOpinion 08-206. January 29, 2009. Digest: A judge need not disqualify him/herself when an attorney, who may have made a complaint against the judge several years ago, appears before the judge, as long as the judge believes that he/she can be impartial.Rules: 22 NYCRR 100.2; 100.2(A) 100.3; 100.3(E)1) ...Wed, 08 Jul 2009 24:37:26 ESThttp://www.nycourts.gov/acoje/opinions/08-206.htmhttp://www.nycourts.gov/acoje/opinions/08-211.htmOpinion 08-211. December 4, 2008. Digest: A judge may not voluntarily provide a reference for an attorney in support of the attorney’s application to adopt a child but, because the applicant is well known to the judge and occasionally appears in the judge’s court, the judge may permit the applicant to submit...Wed, 08 Jul 2009 24:39:13 ESThttp://www.nycourts.gov/acoje/opinions/08-211.htmhttp://www.nycourts.gov/acoje/opinions/09-116.htmOpinion 09-116. July 7, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-116) asking whether you may authorize the Mayor, the Treasurer and the Village Clerk to be signatories on the Town Justice’s bank account. In Opinion 04-135, of which you have a copy, the Committee stated that: The N...Wed, 08 Jul 2009 24:53:01 ESThttp://www.nycourts.gov/acoje/opinions/09-116.htmhttp://www.nycourts.gov/acoje/opinions/09-87.htmOpinion 09-87. July 6, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-87) asking whether you may remain as a board member of a local not-for-profit organization serving children and adults with Down Syndrome. This Committee has previously advised that it is ethically permissible to ser...Wed, 08 Jul 2009 24:40:33 ESThttp://www.nycourts.gov/acoje/opinions/09-87.htmhttp://www.nycourts.gov/acoje/opinions/09-98.htmOpinion 09-98. July 6, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-98) asking whether you may appear one time on a weekly radio show hosted by a local attorney to explain what the Integrated Domestic Violence Court is and how it operates in your county. The radio host regularly appe...Wed, 08 Jul 2009 24:41:55 ESThttp://www.nycourts.gov/acoje/opinions/09-98.htmhttp://www.nycourts.gov/acoje/opinions/87-13.htmOpinion 87-13. Topic: Judge permitting use by the institution’s advertising manager of judge’s letter complimenting a publication of a private research institutionDigest: A judge who wrote a letter to a private research institution complimenting a publication issued by that institution may not authorize its adve...Fri, 10 Jul 2009 13:13:14 ESThttp://www.nycourts.gov/acoje/opinions/87-13.htmhttp://www.nycourts.gov/acoje/opinions/87-14.htmOpinion 87-14. January 28, 1988. Topic: Appearance in city court on behalf of private litigants by attorneys who also are part-time city officials, or partners or associates thereofDigest: In the absence of information indicating a disqualifying relationship between the city court judge and other city off...Fri, 10 Jul 2009 13:15:17 ESThttp://www.nycourts.gov/acoje/opinions/87-14.htmhttp://www.nycourts.gov/acoje/opinions/87-16.htmOpinion 87-16. January 28, 1988. Topic: Judge’s campaign committee paying from campaign funds for reception following ceremonial robing of elected judge.Digest: A campaign committee may finance from campaign funds a modest and reasonable victory reception following the election of a judge.Rules: 100.7; Canon 7. ...Fri, 10 Jul 2009 13:24:41 ESThttp://www.nycourts.gov/acoje/opinions/87-16.htmhttp://www.nycourts.gov/acoje/opinions/87-18.htmOpinion 87-18. January 28, 1988. Topic: Part-time judge; private criminal practice. Digest: Part-time judge may not represent clients in criminal matters in any court within the county in which his or her court is located which is presided over by a judge who is permitted to practice lawRules: 22 NYCRR 100.5 (f). ...Fri, 10 Jul 2009 13:28:53 ESThttp://www.nycourts.gov/acoje/opinions/87-18.htmhttp://www.nycourts.gov/acoje/opinions/87-20.htmOpinion 87-20. January 28, 1988. Topic: Town Justice working at Bingo one evening a month incidental to his active membership in his local Volunteer Fire Department.Digest: Working at Bingo is incompatible with the dignity and integrity of the office of Town Justice and with the high standards of conduct required ...Fri, 10 Jul 2009 13:31:33 ESThttp://www.nycourts.gov/acoje/opinions/87-20.htmhttp://www.nycourts.gov/acoje/opinions/87-24.htmOpinion 87-24. January 28, 1988. Topic: Endorsement of other party candidates by non-judge candidate for the office of Town Justice.. 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...Fri, 10 Jul 2009 13:34:18 ESThttp://www.nycourts.gov/acoje/opinions/87-24.htmhttp://www.nycourts.gov/acoje/opinions/87-25.htmOpinion 87-25. January 28, 1988. Topic: Town justice serving as counsel to the vice-chairman of a legislative commission on critical transportation choices.Digest: Holding offices of town justice and counsel to the vice-chairman of a legislative commission on critical transportation choices is permissible...Fri, 10 Jul 2009 13:38:45 ESThttp://www.nycourts.gov/acoje/opinions/87-25.htmhttp://www.nycourts.gov/acoje/opinions/90-90.htmOpinion 90-90. September 18, 1990. Digest: A part-time judge may serve on a search committee for appointment of a school district superintendent.Rules: 22 NYCRR §100.5(b). Opinion:. A part-time judge, who is also a practicing attorney, inquires whether the judge may serve on the search committee in connect...Fri, 10 Jul 2009 13:41:45 ESThttp://www.nycourts.gov/acoje/opinions/90-90.htmhttp://www.nycourts.gov/acoje/opinions/98-08.htmOpinion 98-08. February 9, 1998. This is in response to your inquiry (98-08) in which you seek the Committee’s advice as to whether you may serve as a community representative on a search committee for the selection of a new Superintendent of Schools for your local school district.Enclosed for your referen...Fri, 10 Jul 2009 13:40:11 ESThttp://www.nycourts.gov/acoje/opinions/98-08.htmhttp://www.nycourts.gov/acoje/opinions/87-15(a)(b).htmOpinion 87-15 (a)b). Topic: (a) Attendance by a judge at an attorney’s law firm’s holiday party or other social function; (b) attendance by a judge as a guest of a lawyers’ organization, at an “outing, dinner, or other social function of that organizationDigest: (a) A judge may attend an ordinary holiday...Fri, 10 Jul 2009 13:18:10 ESThttp://www.nycourts.gov/acoje/opinions/87-15(a)(b).htmhttp://www.nycourts.gov/acoje/opinions/87-15(c).htmOpinion 87-15 (c). January 28, 1988. Topic: Acceptance of an invitation to be a guest at Bar Association dinner extended by attorneys to judges; future appearances by host attorney before guest judgeDigest: Acceptance by judges of certain Bar Association dinner invitations from attorneys is permiss...Fri, 10 Jul 2009 13:22:46 ESThttp://www.nycourts.gov/acoje/opinions/87-15(c).htmhttp://www.nycourts.gov/acoje/opinions/06-107.htmOpinion 06-107. September 7, 2006. Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.Digest: A judge who sanctioned an attorney for an unintentional violation of a disciplinary rule is not required to, but may, report that attorney to ...Fri, 10 Jul 2009 18:40:47 ESThttp://www.nycourts.gov/acoje/opinions/06-107.htmhttp://www.nycourts.gov/acoje/opinions/06-168.htmOpinion 06-168. January 25, 2007. Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.Digest: Provided that the judge feels that he or she can remain fair and impartial, he/she is not required to disclose or to recuse when the partners ...Fri, 10 Jul 2009 18:34:22 ESThttp://www.nycourts.gov/acoje/opinions/06-168.htmhttp://www.nycourts.gov/acoje/opinions/07-181.htmOpinion 07-181. January 2, 2008. Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.This responds to your inquiry (07-181) about recusal when an attorney appears before you after you sanctioned that attorney for misconduct and reporte...Fri, 10 Jul 2009 18:19:41 ESThttp://www.nycourts.gov/acoje/opinions/07-181.htmhttp://www.nycourts.gov/acoje/opinions/07-200.htmOpinion 07-200. January 2, 2008. Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.This responds to your inquiry (07-200) about a District Attorney’s intention to continue assigning an assistant district attorney to prosecute cases i...Fri, 10 Jul 2009 18:24:25 ESThttp://www.nycourts.gov/acoje/opinions/07-200.htmhttp://www.nycourts.gov/acoje/opinions/01-120.htmOpinion 01-120. December 13, 2001. Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.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 ...Fri, 10 Jul 2009 18:44:09 ESThttp://www.nycourts.gov/acoje/opinions/01-120.htmhttp://www.nycourts.gov/acoje/opinions/06-19and06-29.htmJoint Opinion 06-19 and 06-29. June 9, 2006. Note: This Opinion has been overruled or modified. Please refer to Joint Opinion 08-183/08-202/02-112 before relying on this Opinion.Digest: A judge who filed an attorney disciplinary complaint against the county Public Defender which the Grievance Committee...Fri, 10 Jul 2009 18:46:30 ESThttp://www.nycourts.gov/acoje/opinions/06-19and06-29.htmhttp://www.nycourts.gov/acoje/opinions/03-30.htmOpinion 03-30. April 15, 2003. Note: This Opinion has been overruled. Please refer to Opinion 08-126 before relying on this Opinion.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 presidin...Mon, 13 Jul 2009 13:13:43 ESThttp://www.nycourts.gov/acoje/opinions/03-30.htmhttp://www.nycourts.gov/acoje/opinions/99-35.htmOpinion 99-35. March 11, 1999. Note: This Opinion has been overruled. Please refer to Opinion 08-126 before relying on this Opinion.Digest: A judge, whose law clerk is married to the County Attorney, need not recuse him/herself when the County Attorney or attorneys on the County Attorney's staff appear, bu...Mon, 13 Jul 2009 13:14:03 ESThttp://www.nycourts.gov/acoje/opinions/99-35.htmhttp://www.nycourts.gov/acoje/opinions/87-29.htmOpinion 87-29. January 28, 1988. Topic: County judge is member of a county board coordinating services for developmentally disabled persons with the criminal justice system.Digest: A county judge may serve as a judicial member of a county board established to coordinate services for developmentall...Mon, 13 Jul 2009 13:08:56 ESThttp://www.nycourts.gov/acoje/opinions/87-29.htmhttp://www.nycourts.gov/acoje/opinions/87-4.htmOpinion 87-4. November 12, 1987. The Advisory Committee on Judicial Ethics, at its meeting of November 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 Federa...Mon, 13 Jul 2009 13:01:30 ESThttp://www.nycourts.gov/acoje/opinions/87-4.htmhttp://www.nycourts.gov/acoje/opinions/87-5.htmOpinion 87-5. November 12, 1987. The Advisory Committee on Judicial Ethics, at its meeting on November 9, 1987, considered your inquiry of October 30, 1987, on behalf of Judgeas to (1) whether he may appear, under subpoena, as a character witness in a pending Federal court action in which the judge ...Mon, 13 Jul 2009 13:03:10 ESThttp://www.nycourts.gov/acoje/opinions/87-5.htmhttp://www.nycourts.gov/acoje/opinions/87-6.htmOpinion 87-6. November 12, 1987. The Advisory Committee on Judicial Ethics, at its meeting of November 9, 1987, considered your inquiry of October 30, 1987, concerning whether you are disqualified from presiding over actions in which a party is represented by a law firm which employed your niece, a law stud...Mon, 13 Jul 2009 13:04:33 ESThttp://www.nycourts.gov/acoje/opinions/87-6.htmhttp://www.nycourts.gov/acoje/opinions/88-04.htmOpinion 88-04. January 28, 1988. Topic: Joint committee for re-election of two county judges. Digest: Joint fund-raising efforts by a single committee for the re-election of two county judges is impermissibleRules: 22 NYCRR 100.7. Opinion:. On the facts stated in the inquiry, both county judges presently serving, b...Mon, 13 Jul 2009 13:06:19 ESThttp://www.nycourts.gov/acoje/opinions/88-04.htmhttp://www.nycourts.gov/acoje/opinions/88-05.htmOpinion 88-05. April 11, 1988. Topic: Part-time Town Justice serving as a Deputy County Clerk in same county.. Digest: A Town Justice may also serve as a Deputy County Clerk in charge of motor vehicle operations in the county where he presides, provided that if he is called upon to act in the place and stead o...Mon, 13 Jul 2009 24:58:14 ESThttp://www.nycourts.gov/acoje/opinions/88-05.htmhttp://www.nycourts.gov/acoje/opinions/09-106.htmOpinion 09-106. July 13, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-106) asking whether you are disqualified from presiding over a case in which a Village Trustee is the complainant, even though you serve as Village Court Justice without compensation.As a general rule, a judge must avoid impropriety ...Tue, 14 Jul 2009 15:40:38 ESThttp://www.nycourts.gov/acoje/opinions/09-106.htmhttp://www.nycourts.gov/acoje/opinions/09-120.htmOpinion 09-120. July 13, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-120) asking whether it is ethically permissible for you to implement a procedure to distribute traffic tickets, originally returnable before you, to your co-judge in order to distribute them more equally between the ...Tue, 14 Jul 2009 15:42:01 ESThttp://www.nycourts.gov/acoje/opinions/09-120.htmhttp://www.nycourts.gov/acoje/opinions/03-129.htmOpinion 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, no...Tue, 14 Jul 2009 15:50:16 ESThttp://www.nycourts.gov/acoje/opinions/03-129.htmhttp://www.nycourts.gov/acoje/opinions/05-81.htmOpinion 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) 22 NYCRR 100.3(B)6). Opinion:. ...Tue, 14 Jul 2009 15:54:17 ESThttp://www.nycourts.gov/acoje/opinions/05-81.htmhttp://www.nycourts.gov/acoje/opinions/90-142.htmOpinion 90-142. October 23, 1990. PLEASE REFER TO OPINION 03-129 BEFORE RELYING ON THIS OPINION.. Digest: A full-time judge ethically may serve as chair of a local draft board at a time when there is no draft, and as a notary public.Rules: 22NYCRR §100.5(b) and (g). Opinion:. A full-time judge inquire...Tue, 14 Jul 2009 16:04:19 ESThttp://www.nycourts.gov/acoje/opinions/90-142.htmhttp://www.nycourts.gov/acoje/opinions/03-42.htmOpinion 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 n...Tue, 14 Jul 2009 15:57:36 ESThttp://www.nycourts.gov/acoje/opinions/03-42.htmhttp://www.nycourts.gov/acoje/opinions/97-145.htmOpinion 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....Tue, 14 Jul 2009 18:52:26 ESThttp://www.nycourts.gov/acoje/opinions/97-145.htmhttp://www.nycourts.gov/acoje/opinions/98-99.htmOpinion 98-99. September 10, 1998. Digest: (1) A judge may circulate the nominating petitions for a slate of candidates from the judge's own political party or another political party only if the judge's name is also on the petition as a nominee, but may not circulate individual nominating petitions of other ...Wed, 15 Jul 2009 14:16:26 ESThttp://www.nycourts.gov/acoje/opinions/98-99.htmhttp://www.nycourts.gov/acoje/opinions/07-150 & 07-151.htmJoint Opinion 07-150 and 07-151. September 6, 2007. Digest: A candidate for elective judicial office may inform the public that an Independent Judicial Election Qualification Commission has found the candidate qualified for the judicial position he/she seeks and may publish an exact copy of the Commis...Mon, 20 Jul 2009 18:16:59 ESThttp://www.nycourts.gov/acoje/opinions/07-150 & 07-151.htmhttp://www.nycourts.gov/acoje/opinions/07-151 & 07-150.htmJoint Opinion 07-150 and 07-151. September 6, 2007. Digest: A candidate for elective judicial office may inform the public that an Independent Judicial Election Qualification Commission has found the candidate qualified for the judicial position he/she seeks and may publish an exact copy of the Commis...Mon, 20 Jul 2009 18:18:51 ESThttp://www.nycourts.gov/acoje/opinions/07-151 & 07-150.htmhttp://www.nycourts.gov/acoje/opinions/08-200.htmOpinion 08-200. December 4, 2008. Digest: A judge whose spouse is an associate who will handle civil matters for an assistant public defender’s private law practice need not disqualify him/herself or disclose his/her spouse’s professional association when the assistant public defender appears in that capacit...Mon, 20 Jul 2009 18:32:51 ESThttp://www.nycourts.gov/acoje/opinions/08-200.htmhttp://www.nycourts.gov/acoje/opinions/08-135.htmOpinion 08-135. March 12, 2009. Digest: A judge may communicate with a bar association task force formed to respond to media criticism about judges that is perceived to be uninformed and unfair. A judge’s communication may include providing copies of publicly recorded documents about a case and meeting pri...Mon, 20 Jul 2009 18:28:50 ESThttp://www.nycourts.gov/acoje/opinions/08-135.htmhttp://www.nycourts.gov/acoje/opinions/09-104.htmOpinion 09-104. July 15, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-104) asking whether you may serve as a member of the Board of Directors or as an officer of a not-for-profit Religious Corporation. The Rules of Judicial Conduct permit such activity (see 22 NYCRR 100.4[C]3] and the ...Mon, 20 Jul 2009 18:22:35 ESThttp://www.nycourts.gov/acoje/opinions/09-104.htmhttp://www.nycourts.gov/acoje/opinions/09-11.htmOpinion 09-11. January 29, 2009. Digest: A judge who presided over a concluded criminal trial and proceeding in a Domestic Violence Court should not meet with the victim of the criminal conduct in order for the victim to speak to the judge about the history of abuse he/she experienced before the trial and t...Mon, 20 Jul 2009 18:42:03 ESThttp://www.nycourts.gov/acoje/opinions/09-11.htmhttp://www.nycourts.gov/acoje/opinions/09-117.htmOpinion 09-117. July 15, 2009. Hon.. Dear Justice :. This responds to your inquiry (09-117) asking whether it is ethically permissible to preside over a tax certiorari proceeding bought by a Surrogate Court Judge elected within your district.There is no ethical prohibition to hearing your colleague’s proceeding as l...Mon, 20 Jul 2009 18:24:49 ESThttp://www.nycourts.gov/acoje/opinions/09-117.htmhttp://www.nycourts.gov/acoje/opinions/09-71.htmOpinion 09-71. March 12, 2009. Digest: In a situation where a judge disclosed the contents of an ex parte conversation to all counsel and parties, addressed disqualification and discussed contacting the Administrative Judge for guidance, whether or not the judge initially disqualified him/herself is a fac...Mon, 20 Jul 2009 19:09:49 ESThttp://www.nycourts.gov/acoje/opinions/09-71.htmhttp://www.nycourts.gov/acoje/opinions/09-53.htmOpinion 09-53. July 17, 2009. Hon.. Dear Judge :. This responds to your inquiry (09-53) in which you ask several questions about the ethical propriety of representing members of various law enforcement agencies in their private legal affairs and whether you may sit on a screening panel. These questi...Mon, 20 Jul 2009 18:58:11 ESThttp://www.nycourts.gov/acoje/opinions/09-53.htmhttp://www.nycourts.gov/acoje/opinions/09-19.htmOpinion 09-19. January 29, 2009. Digest: A part-time lawyer judge who is a practicing attorney must disqualify him/herself in cases when a police sergeant currently represented by the judge’s law firm is called to testify before the judge. For two years after the representation is concluded, the disqualific...Mon, 20 Jul 2009 18:54:09 ESThttp://www.nycourts.gov/acoje/opinions/09-19.htmhttp://www.nycourts.gov/acoje/opinions/98-99_.htmOpinion 98-99. September 10, 1998. Digest: (1) A judge may circulate the nominating petitions for a slate of candidates from the judge's own political party or another political party only if the judge's name is also on the petition as a nominee, but may not circulate individual nominating petitions of other ...Mon, 20 Jul 2009 19:03:32 ESThttp://www.nycourts.gov/acoje/opinions/98-99_.htmhttp://www.nycourts.gov/acoje/opinions/09-111(a).htmOpinion 09-111(A). April 28, 2009. Digest: An appellate court may engage attorneys, whose prior employers terminated their employment, or recent law school graduates, who are unemployed, to perform work for the court without compensation on a temporary basis. The court must insulate any such attorney assigned...Mon, 03 Aug 2009 14:16:22 ESThttp://www.nycourts.gov/acoje/opinions/09-111(a).htmhttp://www.nycourts.gov/acoje/opinions/08-168.htmOpinion 08-168. November 3, 2008. Hon.. Dear Judge. This responds to your inquiry (08-168) in which you ask whether your spouse may serve as treasurer of a town [political party” committee.A judge’s spouse may engage in his/her own individual political activities. However, the spouse must not state that he/she re...Mon, 03 Aug 2009 13:35:57 ESThttp://www.nycourts.gov/acoje/opinions/08-168.htmhttp://www.nycourts.gov/acoje/opinions/08-108.htmOpinion 08-108. June 6, 2008. Digest: (1) A part-time City Court judge may accept employment with the Conflict Office for the same county where the City Court in which he/she presides is located to handle custody and visitation matters in Family Court, but should disqualify him/herself if another attorne...Mon, 03 Aug 2009 13:37:07 ESThttp://www.nycourts.gov/acoje/opinions/08-108.htmhttp://www.nycourts.gov/acoje/opinions/09-21.htmOpinion 09-21. March 12, 2009. Digest: A judge who files a complaint with the Office of Court Administration’s Managing Inspector General for Fiduciary Appointments concerning alleged misconduct by an attorney purportedly acting pursuant to an appointment as a guardian must disqualify him/herself in any p...Mon, 03 Aug 2009 14:04:28 ESThttp://www.nycourts.gov/acoje/opinions/09-21.htmhttp://www.nycourts.gov/acoje/opinions/09-20.htmOpinion 09-20. January 29, 2009. Digest: A full-time city court judge whose co-judge is also an assistant county attorney need not disqualify him/herself in matters involving the County Attorney who employs his/her co-judge or when another assistant county attorney from the same County Attorney’s office app...Mon, 03 Aug 2009 14:03:45 ESThttp://www.nycourts.gov/acoje/opinions/09-20.htmhttp://www.nycourts.gov/acoje/opinions/09-18.htmOpinion 09-18. January 29, 2009. Digest: A full-time judge who served on a state commission that advised the Governor about correctional facilities need not disqualify him/herself in all cases involving prison inmate matters, but should do so, subject to remittal, where matters involving the commission come...Mon, 03 Aug 2009 13:59:51 ESThttp://www.nycourts.gov/acoje/opinions/09-18.htmhttp://www.nycourts.gov/acoje/opinions/09-16.htmOpinion 09-16. January 29, 2009. Digest: A part-time town justice must disqualify him/herself, subject to remittal unless a party is self represented: 1) in any matters where a Deputy Sheriff, who also serves on the Town Council, appears as a prosecutor or a witness; 2) in any matters involving the spouse o...Mon, 03 Aug 2009 14:14:21 ESThttp://www.nycourts.gov/acoje/opinions/09-16.htmhttp://www.nycourts.gov/acoje/opinions/08-210and09-01.htmJoint Opinion 08-210/09-01. January 23, 2009. Digest: A part-time town justice who is permitted to practice law may not practice law in any court on which he/she serves, but may practice law in another court located in the same county where he/she presides before a judge who is not permitted to ...Mon, 03 Aug 2009 14:07:46 ESThttp://www.nycourts.gov/acoje/opinions/08-210and09-01.htmhttp://www.nycourts.gov/acoje/opinions/09-13.htmOpinion 09-13. January 29, 2009. Digest: Whether a judge must advise a defendant that a sentence imposed upon conviction after trial may include incarceration, and whether a judge is obligated to ensure that a defense attorney has so advised his/her client, is a question of law the Committee cannot answer. ...Mon, 03 Aug 2009 14:09:54 ESThttp://www.nycourts.gov/acoje/opinions/09-13.htmhttp://www.nycourts.gov/acoje/opinions/09-35.htmOpinion 09-35. January 29, 2009. Digest: A judicial hearing officer may serve on a municipality's advisory commission on municipal code revision.Rules: 22 NYCRR 100.2; 100.2(A) 100.4(A) 100.4)C)2)a) 100.6(A) 100.6(B)1) Opinions 08-201; 06-132; 98-31(Vol. XVI) 90-167(Vol. VI)Opinion:. A judicial hearing office...Mon, 03 Aug 2009 14:12:25 ESThttp://www.nycourts.gov/acoje/opinions/09-35.htmhttp://www.nycourts.gov/acoje/opinions/99-114_.htmOpinion: 99-114. June 18, 1999. Digest: (1) A full-time judge may act as an attorney-in-fact for a family member in connection with an application for a reverse mortgage, where there is no attorney-client relationship. (2) A judge may act pro se in connection with the sale of the judge's partial ownership ...Wed, 12 Aug 2009 19:57:02 ESThttp://www.nycourts.gov/acoje/opinions/99-114_.htmhttp://www.nycourts.gov/acoje/opinions/92-22.htmOpinion 92-22. March 16, 1992. Digest: A judge may socialize with attorneys but should avoid any private social activity with attorneys appearing before the judge during actual trail days.Rules: Canon of Judicial Conduct 2A; 22 NYCRR 100.2(a). Opinion:. A judge inquires as to the propriety of having lun...Wed, 12 Aug 2009 20:10:54 ESThttp://www.nycourts.gov/acoje/opinions/92-22.htmhttp://www.nycourts.gov/acoje/opinions/02-34.htmOpinion 02-34. April 18, 2002. Digest: A judge may speak individually to members of a party’s county executive 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 i...Wed, 12 Aug 2009 20:30:57 ESThttp://www.nycourts.gov/acoje/opinions/02-34.htmhttp://www.nycourts.gov/acoje/opinions/03-111_.htmOpinion 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...Tue, 18 Aug 2009 20:06:32 ESThttp://www.nycourts.gov/acoje/opinions/03-111_.htmhttp://www.nycourts.gov/acoje/opinions/09-09.htmOpinion 09-09. January 29, 2009. Digest: A full-time judge may receive appropriate compensation for teaching a law course at a not-for-profit private educational institution. The judge may also volunteer his/her services both as an alumni advisor in assisting in the publication of a law journal for a law sc...Tue, 18 Aug 2009 20:02:41 ESThttp://www.nycourts.gov/acoje/opinions/09-09.htmhttp://www.nycourts.gov/acoje/opinions/09-46.htmOpinion 09-46. March 12, 2009. Digest: A judge may visit his/her third degree relative in jail and/or discuss that relative’s case with the relative’s Public Defender, as long as the judge does not have any ex parte contact with the judge presiding in the matter and does not invoke his/her judicial office...Fri, 28 Aug 2009 24:38:18 ESThttp://www.nycourts.gov/acoje/opinions/09-46.htmhttp://www.nycourts.gov/acoje/opinions/88-109.htmOpinion 88-109 (Corrected). December 8, 1988. Topic: May a town justice serve as chairman of the town planning broad?. Digest: A town justice may not act as chairman of the town planning board.. Rules: 22 NYCRR §100.2; 1OO.S(b)1). Opinion:. A town justice inquires about the propriety of his appointment as chairman ...Tue, 01 Sep 2009 18:22:58 ESThttp://www.nycourts.gov/acoje/opinions/88-109.htmhttp://www.nycourts.gov/acoje/opinions/88-120_and_88-125.htmJoint Opinion 88-120 and 88-125. October 27, 1988. Topic: Appearance of an attorney before a judge where the attorney represented the judge personally in a prior legal proceeding; disqualification or disclosure.Digest: A judge must disclose the fact on the record where an attorney who appears before him repres...Tue, 01 Sep 2009 15:36:33 ESThttp://www.nycourts.gov/acoje/opinions/88-120_and_88-125.htmhttp://www.nycourts.gov/acoje/opinions/01-60.htmOpinion 01-60. April 19, 2001. Digest: An attorney who has been retained by a lawyer-judge on a per diem basis to 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 practic...Tue, 01 Sep 2009 18:37:26 ESThttp://www.nycourts.gov/acoje/opinions/01-60.htmhttp://www.nycourts.gov/acoje/opinions/88-85_and_88-103.htmJoint opinion 88-85 and 88-103. December 8, 1988. Topic: Judicial obligation to report criminal activity or misconduct of a litigant or witness to appropriate officials.Digest: A judge has the discretion to determine whether or not to advise the appropriate enforcement authorities of any criminal activity or misconduc...Tue, 01 Sep 2009 15:30:28 ESThttp://www.nycourts.gov/acoje/opinions/88-85_and_88-103.htmhttp://www.nycourts.gov/acoje/opinions/88-126.htm