March 27, 2014
This responds to your inquiry (14-14) asking whether it is ethically permissible for you to preside when members of the Public Defender’s office appear before you in light of the fact that the Public Defender serves as your co-counsel in another court.
Neither disclosure nor recusal is required when members of the Public Defender’s Office, who are not involved in the co-counsel arrangement, appear in your court.
Enclosed, for your convenience, is Opinion 96-61 which addresses this matter.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)