October 29, 2009
This responds to your inquiry (09-171) asking whether you have an ethical obligation to report a litigant whom you believe offered a false instrument for filing. A judge is under no ethical obligation to report the misconduct of a litigant which is revealed during the course of a court proceeding. Whether to report the conduct is a matter solely within the judge’s discretion. Enclosed, for your convenience, are Opinions 06-13; 05-84 and 03-110 which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)