March 27, 2022
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Judicial Ethics Opinion 21-172 | New York Law Journal - Law.com

Photo: Rick Kopstein

The Advisory Committee on Judicial Ethics responds to written inquiries from New York state’s approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.

Digest: A new full-time judge who was until recently an assistant public defender: (1) is permanently disqualified, without the possibility of remittal, from all matters in which the judge participated as an attorney, in any capacity, either personally or as a supervisor; (2) is disqualified, subject to remittal, for a period of two years, from any matter involving the judge’s former client; but (3) may otherwise immediately preside over new matters that are filed by the public defender’s office, including those where a defendant is represented by an attorney who was previously supervised by the judge, provided that the judge can be fair and impartial.

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source: https://www.law.com/newyorklawjournal/2022/03/27/judicial-ethics-opinion-21-172/

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