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 requirement that a judge must report criminal or other misconduct by witnesses or litigants disclosed in cases before the judge. Opinion 05-84; 03-110; Joint Opinion 88-85/88/103 (Vol. III). A judge may however, choose to report such criminal or other misconduct, and whether to do so would depend on a variety of circumstances, including the likelihood of injury if the conduct is not reported.
We have enclosed copies of these opinions for your convenience.