October 8, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-122) asking what ethical reporting obligations you have regarding certain conduct of a notary public, which may be a violation of the Executive Law.
A judge has certain reporting obligations regarding certain misconduct of other judges and attorneys. However, no such obligation exists where the wrongdoer is neither a judge nor an attorney. Consequently, it is entirely within your discretion whether to report the conduct of the notary public.
Enclosed, for your convenience, are Opinion 13-35 and Joint Opinion 88-85/88-103 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)