Opinion 09-171

October 29, 2009

Hon.

Dear Judge:

         This responds to your inquiry (09-171) asking whether you have an ethical obligation to report a litigant whom you believe offered a false instrument for filing. A judge is under no ethical obligation to report the misconduct of a litigant which is revealed during the course of a court proceeding. Whether to report the conduct is a matter solely within the judge’s discretion. Enclosed, for your convenience, are Opinions 06-13; 05-84 and 03-110 which address this issue.

Very truly yours,

George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Encls.