New York advisory opinions summaries

Transcription

1 New York advisory opinions summaries 2004 New York Advisory Opinion and A part-time judge may not serve for compensation as a guardian or court evaluator in proceedings that involve elderly, alleged incapacitated persons and/or government benefit questions. New York Advisory Opinion 99-5 A judge may not be a speaker at a charity s fund-raising breakfast even if there is no solicitation of funds at the breakfast itself. New York Advisory Joint Opinion and A judge may participate in an initiative opposing ethnic or cultural stereotyping in the media, but the judge s judicial status should not be associated with any public expression of protest. New York Advisory Opinion A judge may make a charitable contribution to an affiliate of Catholic Charities that operates a revolving cash bail fund on behalf of defendants. New York Advisory Opinion A judge may participate in a League of Women Voters project that seeks to establish a dialogue between justice system professionals and the public with respect to the administration of criminal justice. New York Advisory Opinion A judge should not serve on a local subcommittee that is formulating a policy for police to apply regarding the retrieval of personal property by respondents who are the subjects of orders of protection in domestic violence cases. New York Advisory Opinion A judge should not serve on the board of directors of a non-profit therapeutic riding center to which the judge has sentenced defendants for community service as an alternative to incarceration. New York Advisory Opinion The members of a judge s association may vote to make a donation out of the association funds to the local county bar association building fund. New York Advisory Opinion A judge is disqualified from cases in which an attorney who represented the judge and members of the judge s family appears within two years of the representation and should disclose the relationship after two years and consider all relevant factors in determining whether to recuse. 1

2 New York Advisory Opinion A judge may preside over matters in which the spouse of the judge s court attorney and the parent of the assistant district attorney are attorneys employed by a district attorney s office in another county and is not required to disclose the relationships. New York Advisory Opinion A part-time city court judge may practice law with an attorney who seeks or is elected to the office of mayor of the city. New York Advisory Opinion A judge is not required to return less than $150 in unexpended campaign funds on a pro rata basis but may spend them for any lawful purpose, e.g., the purchase of office supplies or books. New York Advisory Opinion If it is not possible to insulate a court clerk married to a state trooper from cases involving the clerk s spouse, the court should transfer the cases to another court. A judge should recuse from cases in which the judge s former law firm appears for two years after leaving the firm, if the judge worked on the matter, or if the partner or associate appearing worked on the matter while the judge was with the firm. A judge s co-judge may preside in cases involving the judge s former law firm. New York Advisory Opinion A judge may be a limited partner in a real estate development project. New York Advisory Opinion A part-time town justice should not accept appointment to the town s water advisory committee if there is a substantial likelihood the committee will be involved in matters of public controversy. New York Advisory Opinion A judge may sign a claim form related to recently discovered unclaimed funds for an estate for which the judge served as executor before becoming a judge. New York Advisory Opinion A judge may co-chair a citizens task force to reduce teen violence and crime but should not participate in controversial issues, litigation, fund-raising, or other activities incompatible with judicial office. New York Advisory Opinion A judge who has filed a criminal harassment complaint against a respondent in a custody case should consider whether it would be a better practice to disqualify to maintain the appearance of impartiality or whether recusal might be deemed an encouragement for litigants to engage in extreme actions to secure the removal of a judge from a case. New York Advisory Opinion The judges on the court s gender fairness committee may send a letter to other judges in the 2

3 courthouse requesting a contribution of $5.00 to cover the cost of the bring your child to work day program in the courthouse. New York Advisory Opinion A part-time judge may serve as a private investigator for attorneys who have been retained to handle cases for the county public defender provided the judge does not perform services relating to any case within the jurisdiction of judge s court and the judge disqualifies himself or herself in any matter in which the judge performed investigative service or in which an attorney for whom the judge is performing services or from whom the judge has recently solicited work appears and for two years after the judge has ceased performing services for that attorney. New York Advisory Opinion In deciding to recuse from a capital murder case, a judge who had prosecuted the defendant in several cases and represented the defendant in two criminal cases should consider the possibility of being regarded as a material witness concerning the defendant s character, background, record, or mental status. New York Advisory Opinion A city court judge should not appoint members to a municipal advisory committee on reapportionment that is formulating a plan for the reapportionment of city government. New York Advisory Opinion An administrative judge should not write a letter to the State Commission on Judicial Conduct expressing views as to the professional performance of a judge who is the subject of a matter before the Commission, but may write such a letter in response to an official request by the Commission and authorize the judge s lawyer to tell the Commission that it may contact the administrative judge. New York Advisory Opinion A family court hearing examiner may serve as an arbitrator in small claims court. New York Advisory Opinion A part-time judge may mention the judge s judicial position in the biographical section of the judge s law firm s listing in the Martindale-Hubbell law directory. New York Advisory Opinion A judge is not disqualified from cases in which an attorney who has served as a volunteer special master in the judge s court during the conferencing of cases appears provided the judge feels he or she can be impartial. New York Advisory Opinion A judge is not disqualified from presiding over cases where (1) an expert witness had been a defendant in a matrimonial case in which the plaintiff had been represented by the judge s law clerk; (2) an expert witness is owed money for services rendered to clients of the judge s former law firm; and (3) a party or witness had faced criminal prosecution on facts related to the civil case before the judge and the judge s spouse is the district attorney. 3

4 New York Advisory Opinion A judge who serves as chair of the board of directors of a not-for-profit community organization may be listed on the organization s letterhead, sign correspondence on behalf of the organization, and attend and speak at meetings of the organization; the judge s name, including the honorific Honorable, may be listed on the letterhead as long as other members of the board are similarly designated, but the judge s judicial office (for example, e.g., NYC Civil Court Judge, Judge of the County Court) should not be specified. New York Advisory Opinion Whether a retired full-time judge should simultaneously serve as a town judge and a judicial hearing officer is within the discretion of the chief administrative judge. New York Advisory Opinion A part-time judge may serve on a county criminal justice coordinating council that is studying ways of improving the criminal justice system in the county provided the work of the Council does not impinge upon the independent decision-making of the judiciary. New York Advisory Opinion A judge whose spouse is employed by a state assemblyman should not offer the judge s home for a meeting between the assemblyman and constituents. New York Advisory Opinion A judge who presided over a capital murder case should not comment about the case at a training seminar for prosecutors if an appeal or collateral proceeding is pending or likely. New York Advisory Opinion (1) A judge may act as an attorney-in-fact for an aunt in connection with an application for a reverse mortgage where there is no attorney-client relationship. (2) A judge may act pro se in connection with the sale of the judge s partial ownership of real property. New York Advisory Opinion A judge should comply with a valid subpoena issued by a competent tribunal for the purpose of having the judge testify as a character witness. New York Advisory Opinion Judges running for election on the same slate may jointly advertise their candidacies in an advertisement that makes reference to the number of years of judicial experience of each candidate, but the advertisement may not refer to the total number of years of judicial experience of the candidates collectively. New York Advisory Opinion A judge, who is not currently a candidate for judicial office, should advise his or her spouse not to place signs endorsing political candidates on the house or other parts of the real property where the judge and spouse reside even if the spouse is the sole owner of the property. 4

5 New York Advisory Opinion A judge who gives a contribution to a law school may allow the school to recognize the gift with a plague naming a room in the judge s honor and to establish scholarship bearing the judge s name where the fund would consist of the judge s original gift without further contributions from others. New York Advisory Opinion A judge who owns $1,000,000 in New York City bonds with his or her spouse is not disqualified from all cases involving the City. New York Advisory Opinion A judge should not participate in an initial public offering of the stock of a corporation that is represented by an attorney whom the judge has appointed to fiduciary positions. New York Advisory Opinion A judge may sign a nominating petition to place names of individuals on an electoral ballot regardless whether the judge is at the time a candidate for judicial office. New York Advisory Opinion A part-time town justice may also serve as a part-time court attorney in the family court in the same county subject to certain safeguards concerning insulation and disqualification and provided that permission is obtained for dual employment from the Chief Administrator of the Courts. New York Advisory Opinion A part-time town justice may also serve on an occasional basis as town engineer and be compensated for such services. New York Advisory Opinion A housing court judge may serve as a co-recording secretary of the Parent Teachers Association of the school attended by the judge s child. New York Advisory Opinion A judge should not serve on the board of directors or steering committee of a Youth Court where the judge may be referring cases to the Youth Court and would be expected to actively engage in fund-raising on its behalf. New York Advisory Opinion A family court judge may, at the request of the local department of social services, record a public service announcement to recruit new foster parents. New York Advisory Opinion A county court law clerk may serve as town justice in a town within the county. New York Advisory Opinion A judge may execute a loan application with former law partners to pay off financial obligations 5

6 and debts of the firm that were in existence prior to the judge ascending the bench. New York Advisory Opinion A letter soliciting contributions from bar associations in support of a high school essay contest sponsored by a judicial district s gender fairness committee should not contain the names of any judges or any references to the state or the court system. New York Advisory Opinion A judge may not be an ordinary or honorary member of the county deputy sheriffs association but may attend purely social functions of the association and maintain membership in associations of retired or former law enforcement officials. New York Advisory Opinion A judge who is no longer a candidate for judicial office is not required to take any further action after repeatedly demanding that another candidate stop distributing a photograph of the slate of candidates of which the judge had been a part. New York Advisory Opinion A family court judge must insulate the judge s principal court attorney from any involvement in any proceeding in which the attorney previously had been involved as assigned counsel or law guardian, must disclose to the parties and the attorneys the prior involvement of the attorney, and in the event of an application for recusal, should exercise his or her discretion in determining whether to recuse. New York Advisory Opinion A judge may use judicial stationery to inform fellow law school alumni of an upcoming annual law school homecoming event that is not a fund-raiser provided the letter is clearly marked Personal and Unofficial. New York Advisory Opinion A judge may write and have published works of fiction, but the promotion of such works should not exploit the judge s judicial position. New York Advisory Opinion An appellate judge need not disclose that the judge s spouse has been employed on an occasional, part-time basis by a law firm appearing before the appellate court, but should recuse himself or herself if the spouse has had any involvement with the case. New York Advisory Opinion A judge may hold or otherwise facilitate a settlement conference as long as the attempt to aid in the disposition of a case is not intended to further the judge s convenience or personal interests, coerce a disposition, or otherwise give an appearance of impropriety. New York Advisory Opinion A judge who is not a candidate for election may not attend an election evening event that is sponsored by a political organization or a candidate s campaign committee. 6

7 New York Advisory Opinion A family court judge may accept from a governmental child welfare agency whose lawyers appear before the judge an award for having rendered extraordinary service in the child welfare area prior to becoming a judge where the agency is one in which the judge had served in an executive capacity provided that the judge informs the agency that there should be no reference at the event or in the award to any decisions or other judicial actions taken by the judge. New York Advisory Opinion A judge may not be an advisor nor allow his or her name to be listed as an advisor on the letterhead of a for-profit company involved in courtroom automation. New York Advisory Opinion A judge may attend and be listed on the invitation to a dinner being held to honor a retiring judge that is neither a fund-raising event nor a political gathering. New York Advisory Opinion A town justice may write a letter to the county sheriff s department suggesting that a course on personal safety taught by a member of the department be taught in the local schools. New York Advisory Opinion A judge may serve as chair of a steering committee formed for the development and construction of a YMCA building where such services would not involve any fund-raising activities and would not interfere with the performance of judicial duties. New York Advisory Opinion A judge may not use court stationery in a re-election campaign to urge constituents and fellow law school alumni to support the judge s re-election even if the stationery is marked personal and unofficial. New York Advisory Opinion A judge may not serve as a delegate or otherwise participate in the national convention of a political party but may attend the convention as a spectator while a candidate for judicial office during the window period. New York Advisory Opinion A judge may send a copy of a decision and order dismissing an indictment to the victims of the crimes alleged and notify crime victims of their right to speak at sentencing. New York Advisory Opinion Judges may write to legislators expressing disapproval of the reduction in funding for county mental health services resulting in the dismissal of mental health employees in light of the adverse impact on the functioning of the courts. New York Advisory Opinion A part-time town justice may appoint a part-time village police officer as town court clerk where 7

8 the police work is infrequent and village cases do not come before the town justice. New York Advisory Opinion A part-time town justice may seek an adjournment of a case in which the judge is the lawyer based on the fact that on the date set for an appearance he/she will be presiding as town justice. New York Advisory Joint Opinion , , (1) Neither a part-time local judge nor the judge s law firm should serve as the attorney for the municipality where the judge sits if there is any likelihood that matters involving the municipality, including enforcement of local laws, will come before the court. (2) A judge should not serve as member of or counsel to a municipality s zoning board of appeals. New York Advisory Opinion A judge who previously recused while under contract to sell the prosecutor a parcel of real estate is not required to recuse after the contract was rescinded in a subsequent case involving the same defendant. New York Advisory Opinion A judge may serve on the board of directors of a charitable non-profit organization that provides services in the area of alcohol and substance abuse if the judge does not refer defendants to the agency. New York Advisory Opinion A judge should not serve as the prosecutor in a trial to be held pursuant to the rules of a fraternal organization in which certain members of the organization have been accused of breach of their fiduciary duty to the membership. New York Advisory Opinion A village justice court judge may grant permission to the clerk of that court to accept an appointment as a state certified police officer in a different locale. New York Advisory Opinion A town judge who is a retired police officer in the same town may preside over cases involving defendants about whose activities the judge has prior knowledge but should not preside in cases involving persons whom the judge had used as informants. New York Advisory Opinion A judge may preside over cases where a parent or sibling of another judge of the same court appears as an attorney and is not required to disclose the relationship. New York Advisory Opinion A judge may serve on an advisory board of a not-for-profit think-tank that seeks to engage universities and community organizations in a collaborative effort to study, research, and recommend solutions to urban problems. 8

9 New York Advisory Opinion A judge s association may seek to file an amicus curiae brief in the court of appeals review of a determination of the State Commission on Judicial Conduct provided the brief addresses an issue affecting the judiciary as a whole and not the particular circumstances of the judge. New York Advisory Opinion A judge may have a personal relationship with a police sergeant who is employed by the police department primarily in an administrative capacity in the municipality in which the judge s court is located as long as any matters in which the sergeant is involved are being handled by the other judge and disclosure of the relationship is not required in every case involving the police department. New York Advisory Opinion A part-time judge may serve on a traffic safety board but should recuse in court proceedings involving matters that may have been before the board. New York Advisory Opinion A judge may serve on the executive board of Youth Court provided the judge is not expected to actively engage in fund-raising and the judge s court is not one from which referrals are made to the Youth Court. New York Advisory Opinion A judge may serve on the board of directors of a public radio station and as an officer and board member of a private golf club. New York Advisory Opinion A part-time judge may not participate in a lawsuit brought by the judge s law firm in another court against the municipality where the judge s court is located; may not share in the fees earned; and should not allow his or her name to be used as attorney of record or otherwise in connection with such lawsuit. New York Advisory Opinion 00-1 A judge may sell a patent for an invention owned by the judge. A judge may not lecture for compensation at a public high school or a private school that is a for-profit educational institution or on a cruise ship where the compensation is in the form a discount. New York Advisory Opinion 00-3 A newly judge may receive compensation for the equity value of the judge s share in a law partnership that is dissolving as a result of the judge s election determined in accordance with generally accepted accounting principles. New York Advisory Opinion 00-4 An acting village justice may not serve as town building inspector. 9

10 New York Advisory Opinion 00-5 A judge s court attorney, who is the judge s personal appointee, should not serve as treasurer of the judge s re-election committee. New York Advisory Opinion 00-6 A part-time judge should not teach a defensive driving course if the judge can refer defendants to that or similar courses. New York Advisory Opinion 00-7 A judge who is considering bringing a defamation action against a newspaper should not seek the opinion of attorneys as to accuracy of the newspaper articles and should not use court time, resources, stationery, or staff in pursuing the matter. New York Advisory Opinion 00-9 A judge may apply for approval to subdivide unimproved real property situated in the county in which the judge serves, but should not use judicial stationery or his or her judicial title in correspondence or in personal or legal appearances. New York Advisory Opinion A part-time judge is not disqualified from a criminal case involving a prosecution witness to whose election campaign the judge s law partner/ brother contributed without the judge s knowledge and involving a defendant who has complained about the judge to law enforcement authorities and has published articles accusing the judge of a partisan conflict of interest. New York Advisory Opinion The county chair of a political party must resign immediately after appearing before the county committee to secure a resolution supporting the chair for a judicial position. New York Advisory Opinion A part-time judge may serve as a court attorney-referee in the family court of the county where the judge s court is located. New York Advisory Opinion A part-time town judge may serve as a hearing officer in a disciplinary proceeding involving a firefighter. New York Advisory Opinion A judge may use unexpended campaign funds to purchase a hand-held computer for use in his or her judicial duties, which then becomes the property of the state. New York Advisory Opinion A judge who is on the board of directors of a nursing home that is affiliated with the not-forprofit parent corporation of two hospitals, should disclose and exercise recusal in all cases in which the nursing home or either hospital appears as a party, subject to remittal. 10

11 New York Advisory Opinion A judge may accept an award at a fund-raising luncheon sponsored by a bar association and may permit his or her name to appear on the materials publicizing the event including a solicitation of contributions to support the luncheon and the work of the organization. New York Advisory Opinion (1) A judge may sponsor a Little League team and be identified as the sponsor as long as no reference is made to the judge s judicial status. (2) A judge may act, under his or her own name, in a community theater production and be compensated provided the organization is a not-forprofit entity and no reference is made to the judge s judicial status. New York Advisory Opinion A judge should not respond to newspaper criticism about the imposition of fines in particular cases but may publicize for public information the city ordinance pursuant to which certain classes of fines were raised. New York Advisory Opinion A new judge may sell his or her shares of stock in an abstract company to other shareholderlawyers on an installment payment basis. New York Advisory Opinion A magistrate s association may allow law enforcement officials to be non-voting and non-office holding associate members provided defense attorneys are also allowed to be associate members. New York Advisory Opinion A part-time judge may serve on the board of directors of an abstract company. New York Advisory Opinion A judge may appear in a video being prepared by the local YWCA for presentation at a fundraising luncheon celebrating local professional women provided no reference is made to the judge or the video in advertising the luncheon or in soliciting attendance or contributions, the judge will not be speaking on the video, and the content of the video does not relate to fundraising. New York Advisory Opinion A judge who is the president of the board of directors of a public library may attend public meetings seeking support for a bond proposition to expand the library but may not chair the meetings, sit on the dais, or otherwise participate. New York Advisory Opinion A judge may, in accordance with a provision of a city charter, cast the deciding vote to fill a city council vacancy. New York Advisory Opinion A judicial candidate may attend a conference of the National Conference of Insurance Legislators that is being held during the campaign period. 11

12 New York Advisory Opinion A part-time judge may not be employed as an agent of a local society for the prevention of cruelty to animals and have the legal status of a peace officer. New York Advisory Opinion A judge who is a member of the board of directors of a county bar association may solicit judicial colleagues to become members of the association. New York Advisory Opinion A judge is not disqualified from cases involving an attorney who represented the judge s son ten years ago in a parking ticket matter or an attorney who is of counsel to a law firm that had consulted the judge as a licensed private investigator six years ago and paid the judge $50 for the consultation. New York Advisory Opinion A judge whose spouse is a salaried insurance broker employed by a company that places insurance on behalf of the employees of various hospitals is not disqualified from cases involving the hospitals or the carriers with which the insurance has been placed. New York Advisory Opinion A family court judge may serve as co-chair of a steering committee that is seeking a federal community access grant to integrate and expand mental health services for children and families. New York Advisory Opinion A part-time judge may represent a judge before the State Commission on Judicial Conduct. New York Advisory Opinion A judge should not attend a dinner sponsored by a political party s county committee honoring the judge s parent as the party member of the year. New York Advisory Opinion A part-time judge may be employed as the program director of the dispute mediation center of a neighboring county. New York Advisory Opinion A judge may serve on the advisory board of a youth court program provided the judge s court does not make referrals to the youth court and the judge does not engage in fund-raising. New York Advisory Opinion A judge should not permit local fraternal organizations to raise funds to enable the judge to travel to China as part of a criminal law leaders delegation that is studying the criminal justice system. New York Advisory Opinion A full-time law secretary to a supreme court justice may serve as a member of a local community board. 12

13 New York Advisory Opinion A part-time village judge should not serve as a hearing officer in an employee disciplinary proceeding involving a town and one of its employees where a related criminal proceeding against the employee is pending in the judge s court. New York Advisory Opinion A new judge must resign from the board of directors of agencies that appear regularly in the judge s court. A judge is disqualified from a case in which one of the parties had an initial consultation with the judge s former law partner in the matter. A judge who spouse is an attorney with the county attorney s office is not disqualified from all cases in which the county attorney s office is appearing nor is disclosure of the relationship required. New York Advisory Opinion A part-time town judge may be employed as a laborer by the town highway department provided the judge does not preside over any case involving the agency. New York Advisory Opinion A judge may respond to factual inquiries from the media seeking information about the status of a case that is a mattes of record but may not comment on the case or attempt to repeat or summarize courtroom testimony. New York Advisory Opinion A judge whose law clerk is a former assistant district attorney is not disqualified from a criminal case but should disclose any previous involvement by the law clerk in a specific case and insulate the law clerk. A county court judge serving pursuant to an interim appointment but intending to run for a full term should not hire as law clerk an assistant district attorney who would be on a leave of absence from the district attorney s office pending the outcome of the election. New York Advisory Opinion A new judge who will be receiving compensation in concluding a business relationship with a former law partner is disqualified from cases in which the former law partner appears for two years after the last payment to the judge. A judge is disqualified from cases in which the judge s cousin s spouse appears as an attorney subject to remittal. New York Advisory Opinion A judge is not disqualified from a case involving an attorney who had previously represented a close relative of the judge but should disclose the prior representation for two years following the end of the representation. New York Advisory Opinion A judge who is a member of a bar association may contribute a recipe for publication in a book that will be sold by the bar association with proceeds of the sale donated to the Judges and Lawyers Breast Cancer Alert Bar Association. 13

14 New York Advisory Opinion Judges may serve on a committee that is organizing a dinner to honor a retiring judge, and their names may appear on the committee s letterhead soliciting attendance at the event where the sale of tickets will cover the cost of the dinner and a gift. New York Advisory Opinion A part-time judge may purchase an advertisement in a telephone book that advertises both the judge s law firm and the local YMCA without identifying the judge by judicial office. New York Advisory Opinion A judge whose spouse is a candidate for elective political office may accompany him or her to a meeting of a fraternal organization and to a public forum not sponsored by political organizations, provided the event is one that the judge would ordinarily be permitted to attend as an extra-judicial activity and the judge s conduct at the event does not constitute campaigning and may appear with the spouse in a family photograph to be used in the campaign provided no reference is made to the judge s judicial title or position; the judge may not appear at political gatherings or campaign fund-raisers, contribute to the campaign, or allow campaign committee meetings to be held at their joint residence. New York Advisory Opinion A judge may not serve on the legislative subcommittee of the board of directors of a non-profit hospital even where the review of legislation is solely for purposes of discussion within the hospital. A judge may serve as a contingent trustee for the estate of an uncle with whom the judge maintains a close familial relationship. New York Advisory Opinion A new judge may write to former clients to inform them that his or her law practice has been discontinued and how they may retrieve their wills and other legal documents. New York Advisory Opinion A judge may appear as moderator on a television public service program concerning legal matters so long as the judge does not comment on pending or impending proceedings, the activity does not interfere with the performance of judicial duties, and the judge does not advance positions on controversial matters. New York Advisory Opinion A judge running for election may attend a rally sponsored by civic associations in opposition to a shopping mall project in the judge s township, but may not speak publicly at the rally and should recuse from proceedings involving the project. New York Advisory Opinion A judge may accept appointment by a county legislature to a county task force that will study the feasibility of creating a county juvenile detention/treatment center. New York Advisory Opinion A judicial candidate may not accede to a political party s pre-nomination request that he/she 14

15 decline offers of nomination by other political parties but may decline other offers for independent reasons. New York Advisory Opinion A judge need not disqualify himself or herself or make any disclosure where the attorney-spouse of a former law clerk appears before the judge. New York Advisory Opinion A judge is disqualified from cases in which a party is represented by the law firm that is currently representing the judge and the judge s spouse in a pending personal injury automobile accident case, but is not disqualified from a proceeding in which records and documents are sought from hospitals or other entities (who are not parties to the proceeding) that are represented by the law firm unless the subpoena or order to show cause is being contested or is the subject of litigation. A judge is not disqualified from a case in which one of the attorney had been an associate at a law firm the same time as the judge. New York Advisory Opinion A family court judge should not accept an award from a county domestic violence program. New York Advisory Opinion A judge should not send traffic defendants forms prepared by the district attorney s office explaining options available to the defendant and asking about his or her criminal record, past traffic convictions, and other information but may utilize official court forms informing defendants of their options including contacting the prosecutor's office to negotiate a plea. New York Advisory Opinion A part-time judge may be employed as a tractor trailer operator by the state department of correction delivering product produced by inmates to and from correctional facilities. New York Advisory Opinion A judge is disqualified from a case in which one of the attorneys or another participant has submitted an affidavit or other statement on the judge s behalf to the State Commission on Judicial Conduct unless the judge discloses those facts and the parties remit. New York Advisory Opinion A committee consisting entirely of non-judges may solicit commercial sponsorship of programs at a judicial convention, but the convention journal may not contain greetings or thanks directed to the commercial contributors, messages from the association urging attendees to visit the exhibits set up by named contributors, or greetings from the sponsors and underwriters to the association and its members that are essentially promotional in intent if not in content. New York Advisory Opinion A judge should not belong to a citizens advisory panel formed to oversee the planning, design, and use of a large parcel of land in a densely populated area in the community. New York Advisory Opinion

16 A judge may participate in a legal seminar in a foreign country and accept travel and accommodation expenses for the judge and the judge s spouse from the sponsoring institute. New York Advisory Opinion A judge may appear in judicial robes in a television film featuring Italian-Americans of note that is being produced by a not-for-profit corporation to counteract the negative stereotype commonly portrayed in the media. New York Advisory Opinion A judge should not appear on a television program in which the judge will be asked questions concerning the strength of the United States government s case against a particular federal prisoner and give an assessment of the credibility of witnesses who testified in the trial even if he or she is not identified as a judge. New York Advisory Opinion A judge should not be part of a delegation greeting the President of the United States upon his arrival at the airport for a political fund-raising visit. New York Advisory Opinion A judge may permit the judge s law secretary (1) to serve as a member of a local commission or committee that is drawing town council district lines and (2) to serve as a co-zone leader of a local political party if the position is non-elective. New York Advisory Opinion A judge should not solicit lawyers who have appeared before the judge for their ideas, comments, and suggestions for improving the law, the legal system, and the administration of justice. New York Advisory Opinion A part-time judge should recuse from matters involving a law firm that is representing another judge before the State Commission on Judicial Conduct based on a complaint filed by the parttime judge s client arising from a case in which the part-time judge represented the client. New York Advisory Opinion A judge may not attend a post-election victory party celebrating a neighbor s election as a town board member even if the event is not sponsored by a political organization. New York Advisory Opinion A judge should not write articles for a magazine commenting on pending or impending cases involving the Internet. A judge should not identify himself or herself as a real estate broker in order to obtain access to houses for sale listed on an Internet site. New York Advisory Opinion A part-time judicial hearing officer may not advise his or her partners and associates regarding contested matters that are commenced in a court in which he or she has been designated to serve on the court s judicial hearing officer panel. A judicial hearing officer is subject to the 16

17 limitations that apply to judges concerning political activity. New York Advisory Opinion A judge should give due consideration to the public perception of partiality where one of the attorneys in a custody proceeding also represents members of the judge s family in pending litigation even if it is that attorney who seeks the judge s recusal and not the attorneys for the other parties. New York Advisory Opinion A judge may participate as a speaker on a panel that is part of a continuing legal education program sponsored by a national accounting firm and receive reimbursement of expenses where the judge is not being compensated and there are no matters involving the sponsor pending in the judge s court. New York Advisory Opinion A judge whose court attorney s spouse is associated in private practice with a part-time assistant district attorney is not required to recuse or to disclose the relationship whenever other members of the district attorney s office appear. New York Advisory Opinion A judge should insulate a court clerk whose spouse is the town s animal control officer from cases in which the spouse is a prosecuting complainant. New York Advisory Opinion An administrative or supervisory judge may respond to an oral request from a screening panel in connection with the reappointment of a judge and need not require a formal written request for information. New York Advisory Opinion 01-3 A judge may participate in a panel discussion on jury selection and management in death penalty cases but may not comment on any pending or impending case. New York Advisory Opinion 01-4 A judicial candidate may not present awards to community groups or individuals on behalf of and as the representative of public officials. New York Advisory Opinion 01-5 A part-time judge should not represent parties in a family court custody/visitation proceeding where a related criminal proceeding is pending in the judge s court. New York Advisory Opinion 01-6 Subject to remittal, a judge should, for two-years after leaving a law firm, disqualify himself or herself whenever the law firm appears in both contested and uncontested matters; after twoyears, the judge should disclose the former relationship and consider recusal if a party objects. A judge who sits on the board of directors of a charitable foundation should not preside in a case in 17

18 which the foundation is a party. New York Advisory Opinion 01-7 A judge should recuse where attorneys involved in planning a fund-raiser for the judge s election campaign (or their partners or associates) appear before the judge during the campaign, and in cases where the other party is appearing pro se, the disqualification cannot be remitted. New York Advisory Opinion 01-8 A judge may not chair the business ethics committee of a not-for-profit hospital. New York Advisory Opinion 01-9 Whether a family court judge should sign off on an attorney s application to be placed on a law guardian list does not raise a question of judicial ethics, but if the judge has information indicating a substantial likelihood of professional misconduct, the judge should take appropriate action. New York Advisory Opinion A judge who owns an interest in a mutual fund that owns stock in American Express is not required to recuse from a shareholders derivative action brought on behalf of American Express. New York Advisory Opinion A local court should not provide a link on its web-site to a web-site maintained by an advocacy group that lists, among other things, registered offenders by name and county of residence. New York Advisory Opinion A judge who is chair of the board of governors of a medical facility may engage in informal discussions with representatives of another medical facility to resolve disputes concerning an agreement between the facilities with respect to certain medical functions. New York Advisory Opinion During the window period, a judge who is an announced candidate for judicial office may purchase two tickets for and attend fund-raisers for other elected officials as long as the price of the ticket is not a political donation to a political party or candidate. New York Advisory Opinion A retired judge may write to attorneys stating that he or she would be available to act as a mediator or arbitrator in cases pending in counties in which his or her name does not appear on a panel of judicial hearing officers. New York Advisory Opinion A part-time judge should not continue to serve as assistant district attorney even in another county in a different judicial district and appellate division department from that of the judge s court. New York Advisory Opinion A judicial candidate may not make a payment to a political party s campaign committee that is 18

19 supporting all candidates being endorsed by the party nor make any payment to the party in order to be considered for its endorsement, but may only reimburse the committee for the candidate s proportionate share of the campaign costs. New York Advisory Opinion A judge may write a column about statutes, regulations, and recent court decisions that affect the business community for a newsletter that will be published by the Chamber of Commerce provided the judge does not comment on pending or impending cases. New York Advisory Opinion A new judge should not serve as the coordinator or chair of an organization whose sole function is to implement an annual run/walk event to raise money for local civic organizations including the auxiliary police. New York Advisory Opinion The judges of a court are not disqualified from cases involving the law firm that represents the plaintiff in a lawsuit against a board of judges comprising all members of a court, and a judge who is named as a party in the lawsuit is not disqualified from proceedings involving that firm. New York Advisory Opinion A judge may be interviewed by the attorneys for the plaintiff in a pending lawsuit, on matters observed by the judge in his or her court and on the practices and procedures of the court, but may not express any opinion on the legal merits of the lawsuit or comment on any pending or impending case. New York Advisory Opinion A judge may serve as a member of the board of directors of a local YMCA but should not serve on its capital development committee. New York Advisory Opinion A judge, who is a candidate for re-election, may attend a political party s annual fund-raising dinner, but may not be a speaker, guest of honor, or recipient of an award. New York Advisory Opinion A judge may serve as treasurer of a religious, non-profit home and infirmary for the aged. New York Advisory Opinion A judge may ask bar associations and a law school to serve as co-sponsors with the court system of a conference on access to justice issues. New York Advisory Opinion A judge may accept an unadvertised Ellis Island Medal of Honor with 125 other honorees from a national coalition of ethnic organizations at its annual dinner where funds will be raised through advertisements purchased in a journal. New York Advisory Opinion

20 A court attorney who has been assigned by the court to work for one judge is not subject to the restrictions on political activities of a judge s personal appointee. New York Advisory Opinion A part-time judge may serve on a town committee that will make recommendations concerning the possible sharing of services with another municipality. New York Advisory Opinion A judge s law clerk may become a candidate for and serve on a town council provided that such service does not adversely affect the law clerk s official duties and the justice s judicial position and the law clerk obtains permission for such dual employment. New York Advisory Opinion A judge should not permit the judge s law clerk to sign letters of appreciation to jurors and, while the clerk is a candidate for judicial office, should not permit the clerk to sign certificates given to students and others evidencing their participation in various courthouse programs. New York Advisory Opinion A judge should not write letters of recommendation for police officers seeking promotions where the officers are likely to be witnesses or otherwise involved in cases before the judge. New York Advisory Opinion A judge may be the guest of honor at a golf outing that is a fund-raising event sponsored by the lawyer assistance foundation of a county bar association. New York Advisory Opinion A judge may participate in a judicial seminar dealing with evidentiary issues and consult with other judges about such issues, but should not publicly comment on pending or impending cases. New York Advisory Opinion A judge may serve on the board of trustees of a local library organized as a private not-for-profit corporation even if the appointment is subject to confirmation by vote of the library members. A judge may wear judicial robes while administering oaths to new officers of a political club at a meeting that takes place during the window period. New York Advisory Opinion A judge should not hire as clerk of the village court the clerk to the village police department. New York Advisory Opinion A judicial candidate may not retain the position of ward committee person of a political party. A judicial candidate may personally seek the endorsement of various organizations or other political parties. 20

21 New York Advisory Opinion A judge may write to a legislator to express his/her position with respect to proposed legislation that would grant peace officer status to a court officer. New York Advisory Opinion A judge may serve on a merit selection panel to identify qualified candidates to fill the position of magistrate judge on the U.S. District Court. New York Advisory Opinion A judge may allow his/her name, photograph, and biography to be used by the university of which he/she is a graduate in an advertising campaign to recruit students, subject to the judge s oversight as to the content and presentation of such material. New York Advisory Opinion A judge may not appear as a celebrity bartender during a bar association fund-raiser. New York Advisory Opinion A judge is disqualified from cases in which a police officer who rents an apartment to the judge s child appears before the judge. New York Advisory Opinion A judge may publicly voice an opinion at local municipal board meetings and in letters to the editor concerning community matters that affect the judge s personal interests, but may not express his/her opinion involving partisan political issues or controversial subjects that do not directly affect the judge s interests or express his/her opinion in any manner that would detract from the dignity of judicial office or interfere with the performance of judicial duties. New York Advisory Opinion A judge must disqualify where an attorney who represents the judge s child appears before the judge, subject to remittal. New York Advisory Opinion A part-time judge may represent a candidate for elective office in connection with legal issues that might arise during the campaign, but must adhere to the code of judicial conduct pertaining to the prohibitions on engaging in political activities. New York Advisory Opinion 03-2 A judge may dispose of the judge s collection of sports memorabilia by direct sale to dealers, by consignment, by auction, or by a one-time liquidation. New York Advisory Opinion (1) Whether a judge must report an attorney s invitation to write a chapter of a book made while that attorney s partner is trying a case before the judge involves factual matters of nuance and interpretation and an assessment of intentions that must be made by the judge. (2) If the judge 21