August 1, 2019
This responds to your inquiry (19-66) asking if you have any obligation to disclose to anyone what you believe to be another judge’s legal or procedural error. You have stated that you have reported the matter to the district administrative office.
We have previously advised that a judge must take “appropriate action” if he/she “receives information indicating a substantial likelihood” that another judge “has committed a substantial violation” of the applicable Rules Governing Judicial Conduct (see 22 NYCRR 100.3[D]). Here, your inquiry suggests the other judge’s conduct involves only a legal or procedural error.
If you believe that is accurate, then you need not take any further action. To the extent you are seeking advice about your legal obligation to address this perceived error, the committee has no authority to render legal advice, nor can we review legal rulings by a particular judge (see Opinions 91-118; and 15-232).
Enclosed for your convenience, are Opinions 91-118 and 15-232, addressing this issue.
Very truly yours,
George D. Marlow, Assoc Justice Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Supreme Court Justice