January 25, 2019
This responds to your inquiry (18-150) asking if you must report a non-attorney defendant who, on the eve of sentencing, falsely alleged that he/she knows you socially.1
We have previously advised that NYCRR section 100.3 (D)(1)-(2), which sets forth a judge’s disciplinary obligations, refers to misconduct by a lawyer or another judge ( see Opinion 17-07). As this defendant is not an attorney or judge, it is entirely within your discretion whether to report the conduct of the defendant to any appropriate authority (see Opinions 15-153; 14-122;09-171; 03-110).
Enclosed, for your convenience, are Opinions 17-07 and 03-110, for your review, which address this issue.
Very truly yours,
George D. Marlow, Assoc Justice
Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Supreme Court Justice
1 Although the defendant’s allegation was made via counsel, we see nothing in the inquiry to suggest that counsel acted improperly in relaying the claim made by his/her client and making good-faith legal arguments based on that claim.