February 18, 2010
This responds to your inquiry (09-243) asking whether you have any further ethical obligation to report information involving what you believe to be violations of the election law and the failure of the District Attorney to act on this information.
The Rules Governing Judicial Conduct require a judge to take appropriate action if there is a substantial likelihood that an attorney has committed a substantial violation of the Code of Professional Responsibility1 (see 22 NYCRR 100.3[D]). The determination whether a substantial violation has occurred rests solely with the judge. However, any reporting obligation which you may have had pursuant to the rules expired when you left judicial office.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)
1The Code of Professional Responsibility is now known as the Rules of Professional Conduct (22 NYCRR part 1200).