July 29, 2013
This responds to your inquiry (13-48) asking whether you have a duty and a responsibility to enforce a provision of a Village of ______ Local Law which you believe to be lacking in “legal standing and precedent.”
A judge must respect and comply with the law (see 22 NYCRR 100.2[A]) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see id.).
The Advisory Committee on Judicial Ethics is responsible for issuing advisory opinions to judges and justices of the Unified Court System concerning issues related to ethical conduct, proper execution of judicial duties, or possible conflicts between private interests and official duties (see Judiciary Law §212[l]; 22 NYCRR 101.1).
Whether you must enforce a provision of a municipal ordinance is a legal question beyond the Committee’s jurisdiction. We suggest you consult the City, Town and Village Courts Resource Center for assistance.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)