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 adjourned return date, you filed decisions in each of the cases. You now ask the Committee “whether in view of my ultimate compliance with the relief requested, I am still required to bring this matter to the attention of the New York State Commission on Judicial Conduct. In making this inquiry I assure you I am familiar with 22 NYCRR § 100.3(B)(7), and that it requires that a judge dispose of all judicial matters promptly and efficiently.”
Section 100.3(D)(1) of the Rules Governing Judicial Conduct provides that “A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this part shall take appropriate action.” (Emphasis added). Since the particulars described in your letter pertain to yourself and not to “another judge,” that provision does not apply and we know of no other provision in the Rules that might be read as requiring a judge to bring a matter concerning himself or herself to the attention of the Commission on Judicial Conduct.