October 29, 2012
Dear Judge :
This responds to your inquiry (12-132) asking whether you may provide a list of all defendants represented by a certain attorney during a two year period pursuant to a request by the District Attorney.
The Committee has previously advised that complying with a prosecutor’s request for a judge to create or compile court records for the exclusive benefit of the prosecutor could create the appearance of impropriety in violation of the Rules Governing Judicial Conduct (see 22 NYCRR 100.2). The District Attorney is not without recourse, however. The Committee notes that court records, subject to certain limitations, are open for public inspection. Moreover, a judge would be required to comply with a lawfully issued subpoena (22 NYCRR 100.2[A]).
Enclosed, for your convenience, are Opinions 09-94; 07-115 and 96-111, which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)