May 4, 2011
This responds to your inquiry (11-07) asking whether it is ethically permissible for you to execute a final accounting affidavit relating to work which you performed as a receiver prior to taking judicial office and whether you may seek a statutory commission for those services.
This Committee has previously advised that it is ethically permissible for a judge who served as a fiduciary prior to taking judicial office to prepare and submit an application to be discharged together with a final accounting and to receive fees and disbursements for those services. The Committee has also cautioned that newly-elected judges should complete such services promptly. However, the information which has triggered the need for a final accounting has only recently been discovered. Moreover, the particular circumstances which have given rise to the necessity of these additional services should not involve any further action by you. Accordingly, it is the Committee’s view that it is ethically permissible for you to execute the final accounting affidavit and to seek and accept the statutory commission.
Enclosed, for your convenience, are Opinions 10-47, 08-130, and 02-37 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)