October 25, 1996
The Advisory Committee on Judicial Ethics, has considered your inquiry (96-54), concerning your obligation to report possible illegal activity that has come to your attention by way of sworn testimony in a case pending before you.
Enclosed for your information is Joint Opinion 88-85 and 88-103 in which this Committee concluded that a judge has the discretion to determine whether to advise the appropriate enforcement authorities of any criminal activity or misconduct on the part of a litigant or witness that is revealed in the course of a proceeding.
Very truly yours,
George D. Marlow