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Current Developments_____________________________
- New York State Bar Association has laid the groundwork for a new Model Rules of Professional Conduct. Bar Panel Urges Adoption of New Conduct Rules, New York Law Journal (NY), November 7, 2007. For a copy of the proposed rules, click here.
- Ethics opinion No. 737 from the New York County Lawyers' Association outlines circumstances when non-government lawyers can use undercover investigators. Ethics Opinion Makes Exception to Deceit Rule, New York Law Journal (NY), June 5, 2007
- Saranac Lake Village Justice accused of improperly imposing fines on defendants to offset local administrative costs. Justice Under Fire for Raising Village Revenue From the Bench, Adirondack Daily Enterprise (FranklinCounty), September 27, 2006
- Commission on Judicial Conduct has recommended removal of Queens judge who allegedly allowed a criminal suspect to escape through back courtroom entrance.Panel Recommends Removal for Blackburne, New York Law Journal (NYC), November 23, 2005
- Record number of complaints filed with the State Commission on Judicial Conduct in 2004. Complaints Against Judges Rose in 2004, New York Law Journal (NY), September 29, 2005
- State Commission on Judicial Conduct censured Brooklyn judge over a physical confrontation with a Legal Aid Society lawyer. Panel Censures Judge Who Had Accosted Lawyer, New York Law Journal (SCJC), April 5, 2005
- Investigation of New York City judge by the State Commission on Judicial Conduct raises questions about extent of judicial involvement in plea bargaining. Probe Examines Judges' Actions in Plea Process, New York Law Journal (SCJC), April 1, 2005
- New York State Association of Criminal Defense Lawyers has taken action against Westchester District Attorney's allegedly improper comments concerning defendants in high profile cases. Pirro's Comments Prompt Action by Defense Group, New York Law Journal (WestchesterCounty), March 4, 2005
- JudicialCampaignEthicsCenter, established by the Office of Court Administration, now available to answer ethical questions from lawyers and judges running for judgeships. Judicial Candidates Have New Source on Ethics, New York Law Journal (NY), December 27, 2004
- RensselaerCounty judge was admonished by State Commission on Judicial Conduct for remarks on morning talk show about sentence he imposed in murder case. Commission Rebukes Judges Who Endorsed Candidates, Discussed a Sentence on TV , New York Law Journal (SCJC), November 30, 2004. Read the Commission's decision In re McGrath (SCJC November 12, 2004)
- Defense lawyer's past representation of co-defendant created a conflict of interest with current client in fraud case according to a New York federal judge. Court Disqualifies Attorney Who Could Be Called as Witness, New York Law Journal (EDNY), September 27, 2004
- State Commission on Judicial Conduct censured a town court justice who incarcerated a defendant for refusing to allow a search of his shopping bag. Judge Rapped for Jailing Man Over Search , Associated Press (OneidaCounty), August 26, 2004. Read the Commission's decision, In the Matter of Herder (SCJC August 16, 2004)
- Federal court ordered criminal defense lawyer representing husband and wife in same case to refund retainer and withdraw due to improper conduct and conflict of interest. Lawyer Criticized, Must Refund Fee for Defense of Pair in Same Case, New York Law Journal (EDNY), July 27, 2004
- Indictment of CJA attorney in a New York federal court resulted in her removal from representation of defendant in a death eligible case in another federal court. Indictment of Attorney Leads to Her Removal, New York Law Journal (SDNY), July 6, 2004
- Appellate Division Second Department approved new rule, 22 NYCRR §691.16, which prohibits assigned counsel from soliciting or accepting private retainers from indigent clients. New Rules Issued for NY Lawyers Representing the Poor, New York Lawyer (2nd Dept), June 25, 2004
- Participation in criminal activity with client by pretrial defense lawyer created conflict of interest requiring defendant to be resentenced according to the Second Circuit Court of Appeals. Lawyer's Crimes Cause Client's Resentencing, New York Law Journal (2nd Cir), June 14, 2004. Read the court's decision in US v. Williams, No. 02-1643 (2nd Cir June 10, 2004)
- Defense counsel revealed too much to judge about alleged client perjury at pre-trial hearing according to Appellate Division First Department. Judges Offer Advice on Handling Perjury, New York Law Journal (1st Dept), December 8, 2003. Read the court's decision in People v. Darrett, 2003 NYSlipOp 19108 (1st Dept December 4, 2003)
- Newburgh City Court judge on hiatus after making comment about choking someone. Judge's Joke Not Found Very Funny, Times Herald-Record (OrangeCounty), October 3, 2003
- Legal Aid Society of Rockland County disqualified as law guardian for children because Society President represented the mother according to a Family Court judge. Children's Law Guardian Disqualified for Conflict, New York Law Journal (RocklandCounty), June 3, 2003
- Defense attorney who testified against client regarding alleged threats made to a witness was not ineffective according to the Appellate Division Fourth Department. Conviction Upheld After Lawyer Testifies Against Client , New York Law Journal (4th Dept), May 12, 2003. Read the court's decision in People v. Lewis, 2003 NYSlipOp 13555 (4th Dept May 2, 2003)
- Ineffectiveness claim against defense lawyer for not investigating crime scene in a state criminal case upheld by a New York federal court. Lawyer's Failure to Investigate Leads to New Trial for Murder , New York Law Journal (SDNY), April 8, 2003
- State Commission on Judicial Conduct critical of Spargo decision declaring political activity section of New York Judicial Code unconstitutional. Judicial Conduct Commission Fires Back After Spargo , New York Law Journal (NDNY), March 31, 2003|
- NYSBA Committee on Standards of Attorney Conduct seeks input during review of NY Code of Professional Responsibility. State Bar Takes Hard Look at Conduct Code, New York Law Journal (NY), March 28, 2003
- NY Office of Court Administration advised judges to continue following ethical rules on political activity pending appeal of Spargo decision declaring them unconstitutional. OCA to Judges: Keep Following Stricken Rules, New York Law Journal (OCA), March 21, 2003
- City court judge, accused of violating rights of criminal defendants, critical of State Commission on Judicial Conduct's allegations and procedures. Judicial Commission Accused of Bias, New York Law Journal (AlbanyCounty), March 21, 2003 and Troy Judge's Credit Called Into Question, Record (AlbanyCounty), April 4, 2003
- Defense lawyer disqualified for sharing two-person law office with previously disqualified attorney in same case by a New York federal judge. Attorney in Two-Person Firm Disqualified in Criminal Case , New York Law Journal (NDNY), March 7, 2003
- Section of New York's Code of Judicial Conduct restricting speech by judges and judicial candidates violated First Amendment according to a federal judge. 'Spargo' Decision Leaves Confusion in Its Wake, New York Law Journal (NDNY), February 27, 2003 and New York State Judicial Conduct Rules Struck , New York Law Journal (NDNY), February 21, 2003. Read the court's decision in Spargo v. New York State Commission on Judicial Conduct, No. 1:02-CV-1320 (NDNY February 20, 2003)
- Former prosecutor who later represented defendant on the same case was not ineffective and no conflict of interest was shown to operate on the defense according to the New York Court of Appeals. Conviction Holds Even Though Defender Had Prosecuted Case , New York Law Journal (NY), February 18, 2003. Read the court's decision in People v. Abar , No. 8 (NY February 18, 2003)
- Pro-prosecution campaign tactics by Lockport City Court Judge warranted removal according to the New York State Commission on Judicial Conduct. Campaign Leads Commission to Vote for Judge's Removal , New York Law Journal (SCJC), January 7, 2003. Read the Commission's decision In the Matter of Watson (SCJC December 26, 2002)
Current Developments Outside New York_______________
- Judge Found In Violation Of Conduct Code After Ordering Attorney To Be Shackled, Legal Times (DC), March 21, 2008
- New Disciplinary Procedures Approved For Jurists, New York Law Journal (US), March 12, 2008
- Reprimand Recommended For Judge Who Gave PDs 15 Minutes To Write Motion, ABA Journal Law News Now (FL), February 5, 2008
- Lawyer's Revelation of Confession May Ruin Him, News & Observer (NC), November 26, 2007
- DA in Sex Case Under Fire, National Law Journal (GA), July 13, 2007
- Judge in Tax Case Drops Several Charges, Associated Press (US), July 16, 2007
- Prosecutors Nationwide Face Fallout From Duke Case, National Law Journal (US), May 14, 2007
- Judge Leaves Criminal Bench After Being Accused of 'Vile' Remark, Daily Business Review (FL), May 2, 2007
- Privilege to Serve: Battle Over Legal Aid Funds Spills Over to Attorney-Client Confidentiality , ABA Journal (US), February 14, 2007
- ABA Panel Would Weaken Code Governing Judges' Conduct,New York Times (US), February 6, 2007
- Does a Criminal Defense Lawyer Have a Duty to Litigate a Suppression Motion That the Lawyer Knows Will Lose? , FourthAmendment.com (US), January 8, 2007
- Prosecutor in Duke Sexual Assault Case Faces Ethics Complaint From State Bar, New York Times (NC), December 29, 2007
- Metadata Ethics, New York Law Journal (NY), December 26, 2006
- Supreme Court Targets Prosecutorial Misconduct, WCCO (MN), December 25, 20006
- Blockading Witnesses: Ethical Pitfalls for Prosecutors , New York Law Journal (US), December 6, 2006
- ABA Commission Releases Proposals to Revise Model Judicial Code to Guide Judges' Conduct, Assure Public Accountability , ABA Press Release (US), October 31, 2006
- Law Blogs Raising Prickly Ethical Issues, New York Law Journal (US), October 6, 2006
- Practicing Ethics: Liability for the Unethical Conduct of Others, New York Law Journal (US), September 22, 2006
- Court Ethics Panel Gives Green Light to Paperless Files,New Jersey Law Journal (NJ), April 13, 2006
- What's a Little Metadata Mining Between Colleagues?, Daily Business Review (FL), April 21, 2006
- ABA Ethics Opinion Says Clients May Waive Objections to Future Conflicts of Interest , ABA Journal (US), August 19, 2005
- Duty of Zealousness, New York Law Journal (US), June 20, 2005
- Good Sense or Bad Counsel? Rule Would Make Lawyers Reveal Clients' Lies in Court, Seattle Post-Intelligencer (WA), June 1, 2005
- Limits on Victim's Counsel Threatening Referral to Legal Authorities , New York Law Journal (NY), Feb. 18, 2005
- Breyer Sought Advice on Whether to Recuse in Sentencing Case, Legal Times (US), January 18, 2005
- DA Sentenced to 18 Months for Lying About Sex With Informant, FultonCounty Daily Report (GA), November 23, 2004
- Meaning of Forever: Duty of Confidentiality Survives Client's Death and Sometimes Executor's Waiver , American Bar Association Journal (US), November 15, 2004
- State Prosecutor Suspended During Probe of Alleged Lewd Comments, Newsday (CT), August 4, 2004
- Lawyer Jailed After Court Punch, WPVI-TV (PA), March 23, 2004
- Lawyer Told to Reveal Dead Client's Words, Associated Press (OH), March 3, 2004
- Ethics Inquiry Clears Lawyer Whose Stories Were at Odds , New York Times (FL), August 26, 2003
- Lawyer Agrees to Suspension After Admitting Sexual Contact With Murder Defendant, SFGate (CA), July 28, 2003
- Impressions of Client Competency Ruled Out, American Bar Association Journal (WI), July 25, 2003
- Attorneys Can Keep Illegal Fees, If They Had a Good Faith Reason to Believe They Were Legal , American Bar Association Journal (3rd Cir), May 9, 2003
- Oops! Did I Say 'No Jail'? Elderly Woman Who Followed Bad Advice Wins a $1.77M Award , National Law Journal (MO), February 7, 2003
- Attorney's Loyalty Doesn't End When Client Dies, New York Lawyer (NJ), February 6, 2003. Read the court's decision in Interest of SG, No. A-107-01 (NJ January 27, 2003)
Practice Pointers______________________________________
- Representing a Recalcitrant Client Who Has Lied During Disclosure, New York Law Journal (NY), September 19, 2005
- On 'Thrust-Upon' Conflicts, Advance Waivers of Future Conflicts, New York Law Journal (US), September 12, 2005
- Uncertain Duty: Prospective Clients¥ E-Mail Queries May Not Be Entitled to Confidentiality , American Bar Association Journal (US), June 20, 2003
- Lawyers May Instruct on Secret Taping, National Law Journal (NY), April 28, 2003
- Defended by His Former Prosecutor: No Conflict of Interest?,New York Law Journal (NY), April 1, 2003
- Limits on Attorneys' Comments Trump Free Speech in Church Sex Abuse Cases, New York Law Journal (AlbanyCounty), February 11, 2003
- Courts Tend to Reject Ethical Violations as Basis for Malpractice, New York Law Journal (US), February 11, 2003
Current Ethics Opinions________________________________
Lawyer’s Code________________________________________
Opinions_____________________________________________
Special Reports_______________________________________
JUDICIAL MISCONDUCT
This is a collection of reports about misconduct by New York judges drawn from official sources and news articles. The New York State Commission on Judicial Conduct is the official state agency responsible for investigating complaints of misconduct against judges and deciding whether to admonish, censure or remove them from office. New actions are announced in Press Releases and the full-text of judgments in Recent Decisions .
Decisions
Articles
- Judge Booted From Troy Bench, Troy Record (RensselaerCounty), May 12, 2004
- Panel Finds Judge Bauer Unfit, New York Law Journal (RensselaerCounty), April 6, 2004
- Troy City Judge Found to Have Violated Rights, New York Law Journal (AlbanyCounty), January 8, 2004
- Judge Accused of Saying Women Ask to Get Smacked Around, WNBC News (GreeneCounty), January 7, 2004
- Judge's Joke Not Found Very Funny, Times Herald-Record (OrangeCounty), October 3, 2003
- Troy Judge's Credit Called Into Question , Record (AlbanyCounty), April 4, 2003
- Campaign Leads Commission to Vote for Judge's Removal, New York Law Journal (NiagaraCounty), January 7, 2003
Research Links_______________________________________
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