October 30, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-162-[A]) asking whether you must report to the Commission on Judicial Conduct another judge’s misconduct which you personally witnessed and have concluded is a substantial violation of the Rules Governing Judicial Conduct. You further advise you have credible information the judge has self-reported the conduct to the Commission on Judicial Conduct.
A judge who receives information indicating a substantial likelihood that another judge or an attorney has committed a substantial violation of the Rules Governing Judicial Conduct must take appropriate action (see 22 NYCRR 100.3[D], ). Accordingly, with respect to an attorney’s misconduct, the Committee has advised if a judge determines an attorney actually reported his/her own misconduct to the appropriate disciplinary authority, the judge need not take any further action (see Opinion 09-49). Similarly, if, based on credible evidence, you have determined the subject judge has self-reported to the Commission on Judicial Conduct, you need not take any further action with respect to that misconduct.
I have enclosed Opinion 09-49 for your convenience.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)