January 16, 2020
This responds to your inquiry (19-96) asking whether you must report to the District Attorney that a non-party appeared as counsel in a case before you in violation of Judiciary Law §478.
We have advised that a judge’s disciplinary obligations refer to misconduct by a “lawyer” or “another judge” (see 22 NYCRR 100.3[D]-). As the alleged wrongdoer in your case is neither lawyer nor judge, it is entirely within your discretion whether to report the conduct (see Opinions 17-90; 13-35; and 03-110).
Enclosed for your convenience, are Opinions 17-07; 07-144; and 06-13, which address this issue.
Very truly yours,
George D. Marlow, Assoc Justice Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Supreme Court Justice