Opinion 19-96

January 16, 2020

Dear :

         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][1]-[2]). 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)

                                                  Committee Co-Chair

                                                   Hon. Margaret T. Walsh

                                                   Supreme Court Justice

                                                   Committee Co-Chair

Encs.