October 24, 2011
This responds to your inquiry (11-96) asking to what extent you may discuss a criminal matter, which you prosecuted over ten years ago, with the current prosecutor assigned to the re-trial.
The Committee has previously determined that it is ethically permissible for a judge, who had prosecuted a criminal matter prior to taking judicial office, to review the file and provide historical information to new counsel. Therefore, you may discuss and review the matter with the current prosecutor. However, you must not offer legal or tactical advice to assist the prosecutor in the re-trial.
Enclosed, for your convenience, is Opinion 95-20 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)