New York advisory opinions 2005

Transcription

1 New York advisory opinions 2005 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; at a private school that is a for-profit educational institution; or on a cruise ship even if the compensation is in the form a discount. New York Advisory Opinion 00-3 A newly-elected full-time 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 as 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. 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 is empowered to refer defendants to that course or similar ones. 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 in the seeking of such approval. New York Joint Advisory Opinion and A judge should not participate with law enforcement agencies in a project and to develop protocols or guidelines with respect to victims in domestic violence matters where the project excludes legal representatives of defendants and is intended to aid in the prosecution of cases on behalf of victims of domestic violence. New York Joint Advisory Opinion and A part-time judge should not continue his or her employment as a defensive driving instructor where the court is facilitating attendance at and, in effect, referring defendants to such course. New York Advisory Opinion A judge may participate in a seminar on Justice, Business and Society with a focus on globalization and economic crime conducted by an educational, not-for-profit group in a foreign country and accept travel and accommodation expenses for the judge and the judge s spouse. New York Joint Advisory Opinion and A judge should not be a member of the board of directors of an organization that provides

2 sentencing alternatives in the court on which the judge serves or on the board of directors of a county youth shelter to whom the judge has sent young men and woman unable to make bail, but may serve on its advisory board. New York Joint Advisory Opinion and A judge may write a letter expressing his or her views concerning the performance and professional conduct of attorneys affiliated with organizations that are seeking a contract with a municipality to provide legal representation for indigent criminal defendants, but should not express an opinion as to whether the organization s bid should be accepted or a particular contract entered into and should not sign a form letter provided by some of the organizations. New York Joint Advisory Opinion 02-3 and Whether a judge may serve as a member of the New York Guard upon appointment of the governor is a question of state constitutional law that should be determined before the question whether the judge may render legal advice and perform other related services on behalf of reservists and National Guard members being called to active duty is determined. New York Advisory Opinion 03-1 A part-time judge may be a member of The Federalist Society and its lawyers division. New York Advisory Opinion 03-2 A judge may dispose of his/her collection of sports memorabilia by directly selling the collection through consignment, auction, or a one-time liquidation. New York Advisory Opinion 03-3 A judge should disqualify from cases involving a part-time attorney-judge about whom the judge has complained to the State Commission on Judicial Conduct where the part-time judge has also complained about the judge to the Commission, the complaint involves allegations concerning the attorney-judge s conduct before other judges, and the Commission is currently considering both complaints. New York Advisory Opinion 03-6 The names of two candidates for judicial office may be included on the same designating petition. Two candidates for judicial office should not establish a single committee to finance their election campaigns. A campaign committee for a judicial candidate may accept campaign contributions from an already existing political committee or from a group of lawyers that raises funds on the candidate s behalf as long as neither uses the candidate s names to raise funds for other non-judicial candidates or a political party. New York Advisory Opinion 03-7 A retired judge who serves as a judicial hearing officer may serve on the board of directors of a local legal services office but may not engage in fund-raising on behalf of the organization. 2

3 New York Advisory Opinion 03-8 A judge may attend a purely social gathering of former members of the state assembly of the same political party that is organized by present members of the assembly where no political funds finance the event and the attendees pay their own way. New York Advisory Opinion 03-9 A judge is not required to recuse when a lawyer is an associate of a former partner of a nowdefunct law firm that had previously represented the judge where the partner had no involvement in the matter. New York Advisory Opinion If a judge s sibling has a continuing counsel relationship with a law firm (evidenced, for example, by a shared letterhead and other indicia rather than merely a retainer interest in occasional discrete, separate cases), a judge may not hear cases involving the firm; if the sibling s employment is occasional, part-time, on a per diem basis, neither recusal nor disclosure is required. New York Advisory Opinion An appellate court justice whose son is a faculty member and chief of a division at a hospital need not recuse him/herself nor disclose the relationship in cases in which the is a party provided that neither the son nor the division was involved in the case. New York Advisory Opinion A judge may not establish a legal defense fund to pay legal expenses incurred in connection with a determination by the State Commission on Judicial Conduct and the review of that determination by the Court of Appeals. New York Advisory Opinion A judge who served as campaign manager for the district attorney 10 years ago, saw the district attorney at two social functions during the last year, and administered the oath of office to the district attorney as president of a professional organization is not required to recuse or disclose these contacts when the district attorney personally appears in the judge s court. New York Advisory Opinion A judge may not appoint an attorney within the sixth degree of relationship to represent indigent defendants. A judge who is a fourth degree relation to an attorney must recuse himself or herself, subject to remittal, when the attorney appears in his or her court. Other judges in the court who are not related to the judge s relative may appoint him or her to represent indigent defendants in criminal cases and preside over cases in which the attorney appears. New York Advisory Opinion The courthouse may be used for a ceremony and reception hosted by local bar associations to honor the new chair of a legislative judiciary committee, and the administrative judge may speak at the reception. 3

4 New York Advisory Opinion A village justice court clerk may not hold the office of village trustee. New York Advisory Opinion A town justice may serve as bookkeeper to the town supervisor but must recuse in cases involving the town or the supervisor, and the judge may not serve as clerk of the town court, secretary to the town planning and zoning boards, or secretary to the town codes enforcement officer. New York Advisory Opinion A judge may not take a leave of absence from his or her judicial office to participate in a candidate s campaign for elective public office. New York Advisory Opinion A town justice who is also a candidate for judicial office may not actively engage in fund-raising to cover medical expenses for a friend s child and may not promise to set up and fund a legal scholarship if elected. New York Advisory Opinion A judge may serve on the board of directors of a not-for-profit foundation dedicated to bridging the gap between religions to achieve peace, understanding, and mutual respect as long as the judge is not involved in fund-raising. New York Advisory Opinion A judge whose court attorney s spouse is a director of a legal services corporation is not disqualified cases involving other attorneys in that office or required to disclose the relationship, but if the court attorney s spouse was involved in a particular case, the judge must disclose the relationship, obtain the consent of the parties to preside, and isolate the court attorney from that case. New York Advisory Opinion A judge may attend a religious event taking place in the courthouse and make a contribution but should not solicit contributions, financial or otherwise, or in any way promote the attendance or participation of others. New York Advisory Opinion A judge may execute new documents to replace those the judge had signed as a referee in a mortgage foreclosure action prior to assuming the bench. New York Advisory Opinion A judge who is a member of the board of trustees of a library should not write a letter to a newspaper or make any other public statement in support of a ballot proposition that would secure funding for the library. 4

5 New York Advisory Opinion A part-time town court judge need not exercise recusal when the town attorney s law partners appear in the court. New York Advisory Opinion A judge may witness signatures on his or her own nominating petition and on a nominating petition for a slate of candidates from a political party that includes the judge s name. A parttime judge may be a notary public and authenticate nominating petitions. New York Advisory Opinion A judge who is a candidate for judicial office may, during the window period, purchase two tickets to and attend a fund-raising event sponsored by a not-for-profit organization that promotes equal rights for gay and lesbians, but should request that the organization limit the use of the funds from the judge s tickets to the educational arm of the organization and should not be a member of the organization or attend an event outside the window period. A judge should not participate in a ride along program with the local police department. A judge may serve on a county domestic violence consortium that includes representatives from all components of the community. A judge may make a contribution to the New York Civil Liberties Union. New York Advisory Opinion A judge may lecture at a program sponsored by the Latin Advocacy Coalition Campaign Academy provided that such participation does not involve the judge in partisan political activities. New York Advisory Opinion A judge should not write a letter to the state department of labor supporting an application for alien labor certification at the request of a person known to the judge and the judge s family as a waiter who works for a neighborhood restaurant. New York Advisory Opinion A law clerk who is a judge s personal appointee should not act as treasurer for a political candidate s campaign. New York Advisory Opinion A part-time village judge is not eligible to be appointed as a guardian, guardian ad litem, referee, or similar positions. New York Advisory Opinion A judge should not voluntarily write a letter to the Immigration Naturalization Service on behalf of a member of the judge s church attesting to the member s good character and requesting an expedited exclusion hearing, but may respond to a request from the INS for a letter of good character. A judge who is not a candidate for judicial office may not accept a Congressional Merit Award at a fund-raiser for a member of the United States House of Representatives; a judge who is a candidate for judicial office may attend the fund-raiser but may not receive the award there. 5

6 New York Advisory Opinion A judge may chair the advisory council of a not-for-profit organization that operates day care and senior citizen centers. New York Advisory Opinion A judge may participate as a panelist and lecturer on the law of evidence at the annual meeting of the National Association of Criminal Defense Lawyers provided the judge does not comment on pending or impending cases and does not indicate a pre-disposition to rule in a particular way concerning legal issues that may come before the judge. New York Advisory Opinion A judge may attend with his or her spouse monthly bar association meetings and its annual dinner dance as the guest of the bar association. New York Advisory Opinion A part-time judge should not preside over matters handled by a former employee of the judge s law firm for two years after the judge s association with the attorney has ended, subject to remittal. New York Advisory Opinion A judge may not adjudicate disputes between members of a fraternal organization or between members and the organization. New York Advisory Opinion A judge whose court attorney has been contacted by telephone by another judge concerning a matter involving a friend of the caller should report the call to the State Commission on Judicial Conduct and inform the parties, but recusal is not required if the judge believes he/she can be fair and impartial. New York Advisory Opinion Subject to any applicable provision of the Election Law, a judge who was actively raising funds to finance a campaign for re-election to a non-judicial office prior to his/her appointment to the bench may return monies remaining in the campaign account pro rata only to those who most recently contributed to the judge s campaign for re-election to a non-judicial office. New York Advisory Opinion A judge may serve as president of a chapter of the Women s Bar Association. New York Advisory Opinion A judge who is running for election should recuse when attorneys who are engaged in fundraising or other active support of the judge s candidacy appear before the judge during the campaign. If the attorneys held leadership positions or maintained a continuing fund-raising role throughout the campaign, recusal should extend for two years following the election, subject to remittal. A judge is not required to recuse from a case involving an individual who is listed as a supporter of the candidate either prior to or after the election provided the judge believes he/she can be fair and impartial. In campaign literature, a judge may use a photograph of him/herself 6

7 with another candidate for elective office, but should take steps to avoid having the photograph used by the other candidate as signifying endorsement by the judge. New York Advisory Opinion A judge who presides over matrimonial cases may, for compensation, assist in the compilation of decisions for a service that reports recent appellate decisions in the area without providing commentary and may be identified as a contributor but must ensure that the publisher does not engage in any promotional activity that can reasonably be perceived to exploit the judicial position. New York Advisory Opinion A part-time town justice may appear in a city court in the same county as the judge s court only when a full-time city court judge is presiding. New York Advisory Opinion A judge should not serve on an advisory committee to a law school women s justice center where the committee s primary role is to address domestic violence issues exclusively from the standpoint of the victim. New York Advisory Opinion A judge who is a candidate for election to another judicial office may purchase two tickets to a politically sponsored function during the window period provided he/she intends to attend the event and the event takes place during the window period. New York Advisory Opinion A judge should not consent to the judge s law clerk co-authoring articles with an attorney whose law firm litigates frequently before the judge in the area of the law covered by the proposed articles. A judge may not attend a conference organized by a caucus of state legislators where the programs are of a legislative and political nature. New York Advisory Opinion A part-time judge should not serve on an advisory committee to a law school women s justice center where the committee s primary role is to address domestic violence issues exclusively from the standpoint of the victim. New York Advisory Opinion A part-time judge who practices law may continue to represent clients as an assigned law guardian for children in custody proceedings if the assignments took place prior to the judge s appointment to the bench. New York Advisory Opinion A judge should not accept appointment as a college s distinguished jurist in residence when the program is funded by law firms that may appear before the judge. 7

8 New York Advisory Opinion A judge should not serve on an advisory panel that will review and consider procedures for handling allegations of sexual misconduct against members of a religious order and the reassignment options available in such instances. New York Advisory Opinion A judge is not required to disqualify himself or herself in a case when a known supporter of the judge s opponent in a re-election campaign appears as an attorney if the judge believes that he or she can be impartial. New York Advisory Opinion A child support magistrate in family court may not be actively involved in fund-raising for a bar foundation. New York Advisory Opinion A judge may accept a $2,500 stipend from a not-for-profit foundation at a non-fund raising function and contribute it to a charity, but must report its receipt to the office of the clerk of the judge s court. New York Advisory Opinion A judge should disqualify him/herself from cases in which an attorney selected by the judge s spouse represent the spouse s employer, in unrelated cases in which the attorney is appearing, and in cases in which the attorney-principals of the entity that employs the spouse appear. The disqualification is subject to remittal. New York Joint Advisory Opinions and Judges may participate in legal educational programs sponsored by advocacy organizations involving lawyers who specialize in particular areas of the law on behalf of certain groups of litigants provided that the judges do not seek to instruct on questions of strategy or tactics in support of the litigation engaged in by members of such groups, and do not comment publicly on pending or impending cases. New York Advisory Opinion A part-time judge may serve as a judge for a college in traffic matters arising on campus at a college in an adjoining county. New York Advisory Opinion A judge whose spouse is an attorney with the New York State Police is not disqualified from all cases involving the State Police, but should not preside in any case in which the spouse has been involved. A judge who had been the district attorney should not preside in any criminal matter that was pending in the district attorney s office as of the date he/she assumed judicial office. New York Advisory Opinion Whether an attorney has violated the code of professional responsibility and whether the violations are so serious and substantial that a judge is required to report them to the attorneys 8

9 grievance committee is a determination to be made by the judge. If a judge reports the matter to the attorney grievance committee, he/she should disclose that fact to all parties, but is not required to recuse if the judge concludes that he/she can be fair and impartial. New York Advisory Opinion A housing court judge who is seeking election to the civil court may circulate campaign literature that displays a photograph of himself or herself in judicial robes and refers to the candidate as judge. New York Advisory Opinion A judge whose photograph appeared in a charity s fund-raising brochure without authorization should register his/her objection in writing to the charity. New York Advisory Joint Opinions 03-93/ A housing court judge is not required to recuse or offer to recuse solely because an attorney appearing before the judge is also a member of the advisory council that is one of several organizations that makes recommendations as to reappointments of judges but does not pass on the reappointment. New York Advisory Opinion A town justice should not serve as a private consultant to the New York State Police reviewing open cases and advising on new forensic technologies. New York Advisory Opinion A part-time city court judge may serve on the board of a facility that houses young men convicted of felonies; consult with county officials concerning a parole re-entry program under consideration; and serve as an administrative law judge hearing Department of Social Services State Central Registry review cases. New York Advisory Opinion A town justice may not accept employment as the town code enforcement officer. New York Advisory Opinion A judge should not act as honorary chair of a special event sponsored by a local substance abuse agency that treats approximately half the litigants who appear in the judge s court who need treatment for substance abuse. New York Advisory Opinion A chief clerk of a city court may run for town justice of a town court in another county provided approval to hold such dual employment is obtained. New York Advisory Opinion Invitations to lawyers and experts to serve as guest lecturers at a law school class being taught by two judges before whom such persons appear regularly should be extended by the law school and not the judge. 9

10 New York Advisory Opinion A judge may contribute to a fund created on behalf of a Legal Aid Society attorney who has been seriously injured in an accident even though that attorney has appeared before the judge. New York Advisory Opinion A part-time judge, the judge s law firm, and any of its members may not appear as attorneys in a matter that originated in the judge s court. New York Advisory Opinion A judge may attend an anniversary celebration commemorating 5 years of service by a local senior citizens residence and health care facility that is named after the mother of fellow judge who was a litigant before the inquiring judge even though local elected officials will be the speakers. New York Advisory Opinion A judge should not permit a private for-profit mediation service to place promotional brochures in the courthouse and should not suggest the use of its services to parties appearing before the judge. New York Advisory Opinion A judge may use unexpended campaign funds to buy, for use in trials, a television set with VCR capability, which would become the property of the Unified Court System. A judge may not donate unexpended campaign funds to a fund that is listed on the state income tax return as a fund for which a voluntary gift or contribution may be given. New York Advisory Opinion A judge has discretion to determine whether to advise the appropriate authorities as to possible illegal activity that is revealed in testimony in a case pending before the judge. New York Advisory Opinion A judge s law clerk who is the judge s personal appointee may circulate petitions for persons running for judicial and non-judicial office, and may review and draft such petitions, but not in the capacity of counsel. The law clerk should not do legal research or draft legal memoranda in election matters before the Board of Elections or pending in the courts unless prior approval is obtained from the Chief Administrative Judge. New York Advisory Opinion A judge may hold arraignments at night at a location other than the courthouse for persons arrested at a local performing arts center located in a public park where detention facilities are inadequate and there are additional security issues. New York Advisory Opinion A judge who is not a candidate for election to judicial office may attend the induction ceremony of another judge and a reception that is being paid for out of surplus campaign funds. 10

11 New York Advisory Opinion A part-time judge may serve as a data entry clerk in a county sheriff s department provided the judge disqualifies himself or herself from all matters involving the department. New York Advisory Opinion A part-time city court judge s child, who is the judge s law partner and expects to become the city s corporation counsel, may not appear before the judge or his or her co-judge. New York Advisory Opinion (1) Where the district attorney has asked the judge to appoint shadow counsel to assist a defendant who wishes to cooperate with the police in drug investigations and who has stated that his/her present attorney deals in cocaine, the judge must first designate a lawyer to advise the defendant about the potential conflict of interest between him/herself and the defense attorney and of the defendant s available options for future representation; if the defendant seeks the appointment of shadow counsel, the judge must determine, as a matter of law, whether the use of shadow counsel is legally permitted; after the judge resolves the question of representation, the judge should exercise recusal. New York Advisory Opinion A judge may continue to serve as an uncompensated mental hygiene law guardian when the appointment was made and modified prior to the assumption of judicial office provided the service does not interfere with the performance of judicial duties. New York Advisory Opinion A judge may serve as an officer, director, trustee or non-legal advisor of a local Jewish Council. The judge may serve as master of ceremonies at a breakfast as long as no fund-raising will take place, the price of the breakfast does not have a fund-raising premium, and the judge s name is not used in the solicitation of ads for the journal, but should have another individual at the breakfast introduce public officials who are actively engaged in campaigns for election to public office. A judge may serve as president of a local synagogue, deposit membership dues from the congregation into the congregation s bank account, and oversee appropriate disbursements from the account. A judge may, without compensation, give informal legal advice to a member of the judge s family in a non-lawyer-client context but may not prepare a will for a family member. A supreme court justice may not continue to serve as a notary public and may not notarize documents on behalf of relatives, neighbors, or friends. New York Advisory Opinion A full-time city court judge may not accept an appointment to serve as a compensated, part-time acting village justice. New York Advisory Opinion A judge who was previously employed as chief of police of a town police department within the court s jurisdiction must disclose the prior employment and exercise recusal in all matters involving the police department that were pending as of the date the judge left the department. 11

12 New York Advisory Opinion An appointed acting village justice should not serve on a local, elected school board. New York Advisory Opinion The chief judge of a city court must consult with and seek the approval of the deputy chief administrative judge in devising and implementing procedures for the judge s exercise of supervisory authority over his/her child who has recently been elected to the same court. New York Advisory Opinion A judge may not adopt a military unit in the name of the court or permit court employees assigned to him/her to do so where the purpose is to raise funds for charitable purposes. New York Advisory Opinion A judge may not serve as a member of a compliance and audit committee of a charitable organization that operates hospitals and other medical centers where the duties of the committee include ensuring that the organization s accounting procedures comply with the law. New York Advisory Opinion A part-time city court judge may continue to practice law subject to the limitations in the code. A part-time city court judge and the judge s mother may be appointed law guardians, guardians ad litem, guardians ad litem when nominated by an infant 14 years of age or over, or any of the appointments prohibited by Part 36 of the Rules of the Chief Judge if the judge or the judge s mother will serve without compensation. New York Advisory Opinion A judge may respond to comments in a publication that judge believes misinterpreted the holding and facts in a landlord/tenant case the judge decided if the case is not on appeal and the time to appeal has expired but must do so in a dignified, discreet, and impartial manner without indicating a predisposition in future cases and keeping in mind the particular sensitivity involved in landlord/tenant litigation. New York Advisory Opinion A city court judge must disqualify him/herself in any proceedings involving the newly appointed city attorney for two years after the sale of the judge s law practice to that attorney, subject to remittal. After two years, disclosure should be made for a reasonable period of time. New York Joint Advisory Opinions and Whether a judge may perform a same sex wedding ceremony in Massachusetts depends upon the law of the State of Massachusetts. Whether a judge must accept a marriage license issued to a same sex couple depends on whether the law of the State of New York authorizes or permits the issuing authority to grant such licenses. New York Advisory Opinion A judge whose sister-in-law sent a letter to the other matrimonial judges promoting her real estate business in connection with divorce cases, is not required to write to the judges 12

13 disavowing any connection with the letter, but should caution the sister-in-law to avoid any reference to the judge in offering the firm s services to the local matrimonial bar. New York Advisory Opinion A judge who has knowledge that a disbarred attorney has acted as an unlicensed real estate salesman should report the matter to the attorneys grievance committee so that such information is available if the attorney applies for reinstatement. Whether the judge should also make a report to the licensing authority is a matter for the judge s discretion. New York Advisory Opinion A judge who is a plaintiff in a small claims breach of contract pension action against a municipality should recuse in all matters in which the municipality is a party during the pendency of the judge s action if the request is made by the municipality s attorney after disclosure. New York Advisory Opinion A judge presiding over a drug court (1) may engage in ex parte communications with court personnel pursuant to statute concerning information obtained by such personnel, whether outside of or at drug court staffings or court appearances, but should give notice to and inform the defendant s attorney of the content and nature of those communications; (2) may consider ex parte communications at staffings and court appearances from drug court team members provided there has been consent as required under an administrative order; and (3) should consult with his/her administrative authority to revise the current drug court participation agreement so that it is in conformity with the administrative order. New York Advisory Opinion A judge should inform his or her law clerk of the obligation to seek approval of the chief judge before accepting outside employment on behalf of a government agency or entity. New York Advisory Opinion A part-time judge is not eligible for the judicial appointments to such positions as guardians, guardians ad litem, referees, a judge, or housing judge. New York Advisory Opinion A judge should not sign a letter on behalf of a domestic violence organization that urges the judges in the county not to refer parties involved in domestic violence cases to counseling or anger management program nor should a judge be a member of the organization when the organization s membership does not include representatives of the defense bar. New York Advisory Opinion A judge may contribute money to a non-profit legal services organization that regularly appears in court as counsel or as a party and need not disclose that contribution or recuse himself/herself provided he/she can impartially preside in the pending matter. 13

14 New York Advisory Opinion A judge may introduce and present an award to an honoree at a not-for-profit organization s fund-raising dinner provided the judge s presence and role are unadvertised. New York Advisory Opinion A judge s principal law clerk may not to run for or be appointed a political party district leader even in a county other than the one where the judge presides. New York Joint Advisory Opinions and Judges seeking nomination for re-election may meet with the party leaders and the party s executive officer to discuss such nomination even if both individuals are under criminal investigation or have been indicted. New York Advisory Opinion A judge may serve as the grand marshal of a St. Patrick s Day Parade and attend the annual fund-raising dinner held in conjunction with the parade provided the judge s name is not used in connection with any fund-raising activities or materials. New York Advisory Opinion 05-3 A part-time judge may serve on a loan committee for a local economic development agency. New York Advisory Opinion 05-4 A village justice may be employed in an appointive clerical position in the office of the village clerk to perform strictly clerical duties without any involvement in court matters. New York Advisory Opinion 05-6 A judge may teach a course at a law school but whether a judge may teach during regularly scheduled court hours with time charged to annual leave is an administrative question to be determined by the appropriate administrative judge. New York Advisory Opinion 05-7 A judge who formerly served as president of the county Legal Aid Society is not required to disqualify himself or herself from a case in which a law guardian is employed by the Legal Aid Society. New York Advisory Opinion 05-8 A judge may not appear at a town board meeting in the judge s capacity as a board member of a hospital in support of a proposed expansion project of the hospital. New York Advisory Opinion A judge may participate as a speaker or panelist in a continuing legal education program open to all members of the bar sponsored by a for-profit corporation provided the judge is not compensated and does not make public comment about any pending or impending proceeding and the sponsor is not a party in a contested proceeding currently pending before the judge. 14

15 New York Advisory Opinion A part-time judge may participate in a land conservancy corporation as long as the judge does not participate in the acquisition or preservation of land through litigation and may serve as a church volunteer, Boy Scouts scoutmaster, and vice-president of a county historical society. New York Advisory Opinion A judicial hearing officer may not seek election to or serve as a legislator on the county board in or outside the county, judicial district, or judicial department where he/she serves. New York Advisory Opinion A judge may attend dinners and meetings of a non-profit organization involved in matters of national public policy, but may not serve the organization as an officer, director, or in any other capacity. New York Advisory Opinion A judge may serve as trustee of a church if the judge does not act as a legal advisor and does not engage in direct fund-raising. New York Advisory Opinion A part-time judge may not allow the judge s law firm to include in the attorney profiles section of the firm s website the fact that the attorney is a part-time judge, but that fact may be included in the attorney s resume even if the resume is presented to clients and prospective clients upon request. New York Advisory Opinion A judge who has been cross-endorsed for re-election may return to donors a pro rata share of most unused campaign funds but retain a small amount for possible use during the window period after which the balance should be returned. New York Advisory Joint Opinion and A judge can be endorsed for re-election in a radio advertisement by non-judicial officials running for elective office provided the advertisement does not suggest that the judge is also endorsing their election. New York Advisory Opinion A judge may write a book review of a work of fiction but should not permit the author or publisher to use any portion of the review to promote the book. New York Advisory Opinion A judicial hearing officer may write a reference letter for an attorney seeking admission to a law guardian panel without first being solicited by the appointing authority; address the letter directly to the supervising judge of the panel; express an opinion as to whether the applicant will be a competent law guardian in light of the hearing officer s personal knowledge of the requirements of the position and the applicant s qualifications; and may use judicial letterhead with the words Personal and Unofficial noted clearly. 15

16 New York Advisory Opinion Whether a judge who receives an affidavit from a litigant admitting that she is an illegal alien should notify the Immigration and Naturalization Service is a matter for the judge s discretion. It is up to the judge to determine whether the preparation and submission of the potentially incriminating affidavit by the litigant s assigned attorney, and the attorney s subsequent statement that the client should be deported constitute substantial misconduct that should be referred to a disciplinary authority. Whether the judge should allow the action to proceed with the attorney still in the case is a legal question, not a question of judicial ethics, but if the judge believes the attorney may have a conflict of interest that would require his/her removal, the judge may inquire and take appropriate action if there is a conflict. New York Advisory Opinion A part-time judge who practices law and is presiding in a drug treatment court must disclose, on the record, the prior legal representation of a person who appears before the judge as a participant and may proceed provided the judge takes into consideration all relevant circumstances that might bear on whether the judge s impartiality. A part-time judge who practices law may preside in a drug treatment court proceeding in which the participant is the pregnant girlfriend of the adversary party in a family court proceeding in which the judge is representing a client provided the judge believes he/she can be fair and impartial. New York Advisory Opinion A judge should not write a letter at the request of a court employee facing disciplinary charges attesting to the employee s good character, work ethic, and job performance. New York Advisory Opinion A judge, in preparation for post-retirement employment, may seek future employment with law firms, governmental agencies, or educational institutions, but must refrain from using official stationery or resources. Any communication to prospective employers may mention the judge s current position and experience, but the judge should recuse from matters in which a possible prospective employer, to which the judge has made or intends to make application for employment, appears before as either counsel or a party to the action. New York Advisory Opinion A judge who believes that an attorney has attempted to unduly influence the judge s decisions and has acted extremely unprofessionally should report the matter to the appropriate Attorney Grievance Committee and, upon making such report, recuse in all cases in which the attorney appears. New York Advisory Opinion A judge whose spouse s law firm does legal work for a municipality and has a continuing professional relationship with the municipality and its attorney should refrain from appointing the municipality s attorney as a law guardian in custody matters. New York Advisory Opinion A judge is disqualified from any proceeding in which the attorney appearing is the son of the judge s spouse, subject to remittal of disqualification. 16

17 New York Advisory Opinion A judge who is a member of the regional drug court team may appear with other team members when the team is honored at an American Red Cross fund-raising event, but the judge s remarks must be limited to a brief expression of thanks; the person making the presentation should explain why the judge is not named in the promotional material for the event but that the judge is part of the team that is receiving the award. New York Advisory Opinion A judge may accept the waiver of an attorney s fee for the settlement of a negligence claim on the judge s behalf when neither the attorney nor the attorney s firm have appeared before the judge and, if they did, the judge would recuse. New York Advisory Opinion A judge whose confidential secretary is in a personal relationship with an attorney may not preside over the attorney s or the firm s cases unless after disclosure the parties and attorneys consent and the secretary is insulated from such matters. New York Advisory Opinion A town justice should not serve as deputy commissioner of public safety for a municipality adjoining the town in which the justice serves. New York Advisory Joint Opinions and A part-time judge may be appointed as a law guardian except in the third department. New York Advisory Opinion A judge may be a named sponsor of a local civic event that is not a fund-raiser, but may not allow his/her judicial status to be used in any promotional material. New York Advisory Opinion A judge may participate in a fund-raising event sponsored by a not-for-profit veteran s organization by reading aloud the names of fallen service members provided that the judge s participation is unadvertised and unannounced prior to the event. New York Advisory Opinion A judge should not permit the judge s statement praising a not-for-profit organization to be used in an informational brochure where the judge would be identified as a judge. New York Advisory Opinion A part-time judge who practices law may accept a referral from an attorney who has appeared before the judge and was fined in a zoning violation matter. New York Advisory Opinion A judge who presides in the family court should not provide a reference for the foster parent application of a friend because such applications are heard in family court. 17

18 New York Advisory Opinion An acting city court judge who is appointed by the mayor may continue in private practice with another attorney employed as an associate while that attorney seeks the office of mayor, but if that attorney is elected, the judge should no longer continue in law practice with the associate. New York Advisory Opinion A judge sitting in a specialized tax certiorari and condemnation court may meet with representatives of bar association tax certiorari and condemnation committees and other lawyers who regularly practice in the court about improved operation of the court and possible amendment of the court rules and may also may accept similar suggestions from assessors or the assessors association on behalf of its members, but such suggestions should be communicated through counsel. New York Advisory Opinion A judge who is a member of the board of a non-profit cultural organization may not advise the board on legal issues; may give the organization names of potential contributors, but may not permit the use of the judge s name in a solicitation; may not host a dinner at the judge s home to thank donors; and may not ask persons to join the board, but may suggest to the organization the names of potential board members as long as the judge s name is not used in any solicitation. New York Advisory Opinion A judge may write a law review article that addresses the powers of the office of Governor of the State of New York. New York Advisory Opinion A judge who was the victim of a crime may not contact the judge presiding over the defendant s case to convey information concerning other criminal acts allegedly committed by the defendant. New York Advisory Opinion A part-time judge may be employed as a security officer at a community college that is not located within the judge s jurisdiction. New York Advisory Opinion A part-time justice may be employed as an investigator in the inspector general s office of the unified court system, involved in fiduciary appointment matters, but the holding of both positions is subject to the approval of the chief administrative judge. New York Advisory Opinion A judge should recuse sua sponte if a party calls as an expert witness to testify as to legislative intent involving a certain statute the judge s state senator whom the judge knows personally and is friendly with, who was a key member of the judge s campaign committee, with whom the judge communicates occasionally on issues relating to potential legislation, from whom the judge anticipates seeking support should the judge seek re-election in three years where the judge recused in the past when the individual appeared as a character witness in a trial. New York Advisory Opinion

19 A judge may attend a bar-sponsored continuing legal education program as a guest of the bar association and may allow his or her law clerk to attend the program as a guest of the bar association. New York Advisory Opinion A judge may not advise an applicant in a structured settlement buy-out matter that better terms may be obtained from a specific company but may advise the applicant that a particular offer is unreasonable and suggest that other buy-out companies be consulted. New York Advisory Opinion A judge is not required to report an apparent incident of statutory rape that came to the judge s attention when a 15-year-old pregnant female filed a petition in the judge s court seeking authorization to marry but may do so New York Joint Advisory Opinion and A judge is disqualified from cases involving an attorney with whom the judge has a close social relationship although waiver is possible following disclosure of the nature and extent of the relationship. A judge is not required to disclose that an attorney attended the judge s holiday celebration, but a judge should avoid private social activity with attorneys who are engaged in litigation before the judge. New York Advisory Opinion A judge should recuse from matters involving an attorney who is a former client until litigation arising from the representation is concluded even if the judge has been told that his/her testimony will not be needed in the litigation. New York Advisory Opinion The window period during which a judicial candidate may campaign commences 9 months prior to the date of formal nomination by primary, caucus; or convention; the date of a party meeting at which a candidate will be endorsed even if that designation is subject to being contested at a subsequent primary; or the date of the commencement of the petition process, whichever is earlier. New York Advisory Opinion A candidate for judicial office may advertise with other candidates for elective office, including those running for non-judicial offices, provided the candidate does not endorse any other candidate and pays no more than his or her pro rata share of the cost of the advertisements. New York Advisory Opinion A judge running for election may be depicted in campaign materials wearing judicial robes and use photographs of the candidate taken in any place in the courthouse to which members of the general public have access for the taking of photographs or taken in chambers or the court library provided the official nature of the locations is not indicated and administrative permission has been obtained. New York Advisory Opinion

20 A judge who has been appointed by the village mayor who also is the judge s parent must recuse from any case involving the village government or the judge s parent as a party and remittal is available in cases involving the village government as a party but not where the judge s parent is a party. New York Advisory Opinion A judge may be honored at a breakfast sponsored by an educational foundation to honor prominent graduates of the institution where the cost of the ticket is minimal even if there may be some small net sum that may benefit the sponsor. New York Joint Opinion , , and An administrative judge who receives information that a judge pressured lawyers to join the judge s election committee should report the information to the State Commission on Judicial Conduct. A judge who has reported that information to the administrative judge is not required to also report to the Commission provided the administrative judge has reported the conduct or assures the judge he/she intends to do so. The accused judge who claims that one of the accusing lawyers has made a false accusation for use against the judge in the election, should report the matter to the attorney grievance committee and should exercise recusal in the lawyer s cases. New York Advisory Opinion A judge should not write a letter of recommendation on behalf of an attorney applying for a life insurance policy. New York Advisory Opinion A part-time judge may not share in any fee paid to the judge s law partner or associate as the result of a fiduciary appointment. New York Advisory Opinion A town judge should not preside over code enforcement proceedings instituted by the judge s brother-in-law, but such proceedings may be brought and tried before the co-judge of the town court. New York Advisory Opinion A judicial candidate should not state in campaign materials that he/she is the unanimous choice to join a sitting judge running for re-election on the bench. New York Advisory Opinion A candidate for judicial office may sign a Statement of Principles from the local chapter of the League of Women Voters pledging to use fair campaign principles, but the candidate should inform the organization that his or her participation in any debates is governed by the Rules Governing Judicial Conduct. New York Advisory Opinion An administrative judge responsible for long-range planning for court reform and the oversight and administering of court restructuring projects should not give permission to his/her personal 20