Opinion 94-112

March 3, 1995


Dear Judge:

         Your letter of October 17, 1994, seeks our opinion concerning the propriety of your dismissal of certain criminal cases that had been instituted by your co-judge.

         The Committee has considered your request but declines to render an advisory opinion. The inquiry regarding the propriety of dismissal presents a question of law to be decided by you in your judicial capacity and not a question of judicial ethics. In your letter you make reference to having spoken with the Town and Village Court Resource Center. You may wish to refer to them again for further advice as to how to proceed in the future.


Very truly yours,


Richard B. Lowe, III

For the Committee

cc: Hon. Samuel J. Silverman