Judicial Ethics Advisory Opinions Summaries
Judicial Ethics Advisory Opinion Summaries
2016 Index – Through December
The Center for Judicial Ethics web-site has links to judicial ethics advisory opinions at https://www.ncsc.org/cje
COURT & CASE MANAGEMENT
California Judges Association Formal Advisory Opinion 70 (2015) (gifts from judge to staff) (2/16)
California Oral Advisory Summary 2016-15 (presiding judge disqualifying entire local bench) (4/16)
California Oral Advice Summary 2016-18 (swearing in public officials) (12/16)
New York Advisory Opinion 2015-148 (e-mail list for former colleague’s summaries, commentary, and compilations of recent cases) (4/16)
New York Advisory Opinion 2015-165 (providing internal weekly case summaries to newspaper) (6/16)
New York Advisory Opinion 2015-215 (preparing documents for police, prosecutor, or news media) (2/16)
New York Advisory Opinion 2015-217 (producing information for benefit of one side) (2/16)
New York Advisory Opinion 2015-220 (delegating guilty pleas and fines to court clerks) (4/16)
New York Advisory Opinion 2015-232 (reviewing grand jury minutes and/or discovery materials produced) (6/16)
New York Advisory Opinion 2016-9 (form letter to defendants who plead guilty by mail) (8/16)
New York Advisory Opinion 2016-25 (police officer does not comply with legal mandate) (4/16)
New York Advisory Opinion 2016-48 (providing attorney with unredacted transcription of proceeding; party and spouse are acquaintances) (6/16)
New York Advisory Opinion 2016-62 (commenting on order in response to challenge) (6/16)
New York Advisory Opinion 2016-52 (voter registration forms at court facilities) (8/16)
New York Advisory Opinion 2016-56 (declining to perform weddings) (6/16)
New York Advisory Opinion 2016-68 (guidelines for determining financial eligibility for assignment of counsel) (8/16)
New York Advisory Opinion 2016-70 (administrative responsibilities over municipal office or agency) (8/16)
New York Advisory Opinion 2016-78 (advising town board that defendants perceive local speed limit as “speed-trap”) (8/16)
New York Advisory Opinion 2016-91 (asking not-for-profit organizations to accept court placement of defendants to serve community service sentences) (8/16)
New York Advisory Opinion 2016-92 (district attorney’s traffic diversion program judge believes is illegal) (8/16)
New York Advisory Opinion 2016-103 (reporting irregularities of court clerk) (8/16)
New York Advisory Opinion 2016-113 (diversion program judge believes is illegal) (10/16)
New York Advisory Opinion 2016-138 (circulating job notice) (10/16)
North Carolina Advisory Opinion 2016-1 (matters involving only pro se parties) (12/16)
West Virginia Advisory Opinion 2015-16 (advising attorney of credible threat in domestic violence proceeding) (4/16)
SETTLEMENT
California Judges Association Advisory Opinion 71 (2016) (settlement negotiations) (6/16)
2 EX PARTE
Connecticut Emergency Staff Opinion 2016-8 (drawing to prosecutor’s attention denial of application for civil protection order) (8/16)
Illinois Advisory Opinion 2016-2 (reviewing criminal history in court’s computerized records) (6/16)
Minnesota Advisory Opinion 2016-2 (accessing electronic court records) (12/16)
Nevada Advisory Opinion JE2016-1 (documents from division of parole and probation) (4/16)
New York Advisory Opinion 2015-178 (ex parte communications from elected officials on behalf of constituents) (6/16)
New York Advisory Opinion 2015-209 (ex parte consultation with city, town, and village courts resource center) (4/16)
Washington Advisory Opinion 2016-6 (questioning domestic violence petitioner ex parte) (8/16)
APPOINTMENTS
New York Advisory Opinion 2016-23 (expert whose competence judge questions) (6/16)
New York Advisory Opinion 2016-65 (appointing co-judge’s first-degree relative) (8/16)
Washington Advisory Opinion 2016-2 (deputy sheriff acting as municipal judge pro tempore; appointing attorney-spouse as pro tempore judge) (2/16)
U.S. Advisory Opinion 115 (2016) (nepotism) (4/16)
STAFF – DISQUALIFICATION – FORMER EMPLOYER
New York Advisory Opinion 2015-115 (court clerk previously employed as police chief’s secretary) (2/16)
New York Advisory Opinion 2015-172 (law clerk is former district attorney) (6/16)
New York Advisory Opinion 2015-204 (secretary previously provided freelance
3 transcription services at earlier stage of case) (8/16)
New York Advisory Opinion 2015-233 (clerk was non-supervisory staff attorney for legal aid society) (8/16)
New York Advisory Opinion 2016-14 (new judge; clerk’s former law firm) (4/16)
New York Advisory Opinion 2016-99 (chief clerk’s former private law firm employer) (8/16)
STAFF – DISQUALIFICATION -- MISCELLANEOUS
New York Advisory Opinion 2016-14 (new judge; clerk’s former law firm) (4/16)
New York Advisory Opinion 2016-19 (former law clerk is support magistrate) (8/16)
New York Advisory Opinion 2016-64 (chair of political committee on which court attorney serves) (8/16)
New York Advisory Opinion 2016-133 (attorney who hosted fund-raiser for law clerk) (10/16)
New York Advisory Opinion 2016-144 (law clerk becomes district attorney) (12/16)
New York Advisory Opinion 2016-165 (clerk is spouse of prosecutor) (12/16)
South Carolina Advisory Opinion 2-2016 (attorney who represents secretary) (2/16)
STAFF – POLITICAL CONDUCT
New York Advisory Opinion 2015-134 (law clerk who is part-time small claims assessment review hearing officer running as delegate to judicial nominating convention; being notary public; circulating nominating petitions) (2/16)
West Virginia Advisory Opinion 2015-15 (magistrate assistant on county political executive committee) (4/16)
New York Advisory Opinion 2016-104 (clerk attending mayor’s regularly scheduled meetings with department heads) (6/16)
South Carolina Advisory Opinion 10-2016 (clerk elected as mayor) (6/16)
4
STAFF – NEPOTISM
New York Advisory Opinion 2015-132 (hiring law clerk’s spouse as secretary) (2/16)
U.S. Advisory Opinion 115 (2016) (nepotism) (4/16)
STAFF – OTHER EMPLOYMENT
New York Advisory Opinion 2015-175 (clerk employed at substance abuse facility) (6/16)
New York Advisory Opinion 2015-216 (part-time court clerk employed at law firm) (4/16)
New York Advisory Opinion 2016-53 (judge serving as court clerk) (6/16)
New York Advisory Opinion 2016-134 (full-time court attorney-referee working part- time as real estate agent) (10/16)
New York Advisory Opinion 2016-142 (part-time court clerk employed as assistant to local prosecutor) (12/16)
STAFF – MISCELLANEOUS
New York Advisory Opinion 2015-208 (clerk for disqualified judge conferencing with new judge) (6/16)
New York Advisory Opinion 2015-226 (payment to former guardian ad litem who is now another judge’s principal law clerk) (4/16)
New York Advisory Opinion 2016-104 (court clerk attending mayor’s regularly scheduled meetings) (8/16)
New York Advisory Opinion 2016-115 (law clerk teaching law enforcement personnel) (10/16)
REPORTING CRIMINAL CONDUCT
New York Advisory Opinion 2015-153 (reporting apparent probation violations by
5 relative of child in neglect case) (6/16)
New York Advisory Opinion 2016-154 (reporting concerns about habitability of property) (12/16)
DISCIPLINARY RESPONSIBILITIES
New York Advisory Opinion 2015-94 (6/16)
New York Advisory Opinion 2015-119 (judge who presided over arraignment and then transferred matter due to conflict) (2/16)
New York Advisory Opinion 2015-124 (4/16)
New York Advisory Opinion 2015-135 (4/16)
New York Joint Advisory Opinion 2015-138/2015-144/2015-166 (4/16)
New York Advisory Opinion 2015-157 (4/16)
New York Advisory Opinion 2015-189 (4/16)
New York Advisory Opinion 2015-231 (estate’s former attorney failed to turn over estate assets) (2/16)
New York Advisory Opinion 2016-46 (inconsistencies in another judge’s sworn testimony) (8/16)
New York Advisory Opinion 2016-110 (private attorney who is part-time prosecutor also engaged in private defense work) (10/16)
New York Advisory Opinion 2016-132 (reporting attorney) (12/16)
New York Advisory Opinion 2016-159 (attorney’s conduct in connection with proposed default divorce decree) (12/16)
Washington Advisory Opinion 2016-8 (lawyer misconduct in confidential juvenile dependency) (12/16)
West Virginia Advisory Opinion 2015-25 (disciplinary responsibilities) (4/16)
6 DISQUALIFICATION – ANTAGONISTIC RELATIONSHIP WITH PARTY OR ATTORNEY
Arizona Advisory Opinion 2016-1 (threats) (2/16)
New York Advisory Opinion 2015-117 (attorney against whom judge encouraged the filing of a complaint) (4/16)
New York Advisory Opinion 2015-207 (electoral opponent represents county as prosecuting attorney) (2/16)
New York Advisory Opinion 2015-218 (district attorney has collaterally attacked rulings) (2/16)
New York Advisory Opinion 2016-11 (judge is defendant in bank foreclosure action) (2/16)
New York Advisory Opinion 2016-49 (attorney judge reported) (6/16)
New York Advisory Opinion 2016-77 (entities and attorneys against whom administrative judge has commenced lawsuit) (6/16)
New York Advisory Opinion 2016-84 (attorney who previously represented recent election opponent in an election law case; prior discretionary recusal) (8/16)
New York Advisory Opinion 2016-88 (attorneys personally involved in defending county in lawsuit filed by judge) (8/16)
New York Advisory Opinion 2016-123 (prosecutors involved in proceeding involving relative) (12/16)
New York Advisory Opinion 2016-126 (litigant sued judge based on judicial conduct) (10/16)
New York Advisory Opinion 2016-129 (individuals connected with the defense have filed complaints against the judge) (10/16)
New York Advisory Opinion 2016-141 (complaint by county district attorney) (12/16)
New York Advisory Opinion 2016-146 (disciplinary complaint against district attorney) (12/16)
7 DISQUALIFICATION – NON-FAMILIAL RELATIONSHIP WITH ATTORNEY
Alabama Advisory Opinion 2016-919 (private attorney who is judge-elect) (10/16)
Connecticut Informal Advisory Opinion 2016-5 (former temporary assistant clerk) (6/16)
Connecticut Informal Advisory Opinion 2016-12 (close personal relationship with state’s attorney) (8/16)
Connecticut Advisory Opinion 2016-14 (attorney is son of friend) (10/16)
New York Advisory Opinion 2015-111 (responded to confidential request from judicial appointments committee) (4/16)
New York Advisory Opinion 2015-163 (attorney made charitable donation to honor judge’s deceased relative) (4/16)
New York Advisory Opinion 2015-169 (attorney for organization through whom judge receives restitution installment payments from individual) (6/16)
New York Advisory Opinion 2015-185 (attorney’s sibling is close personal friend) (6/16)
New York Advisory Opinion 2015-186 (attorneys purchased discounted tickets to local sporting event from judge) (4/16)
New York Advisory Opinion 2015-212 (lawyers who tried to contribute to spouse’s recent political campaign) (2/16)
New York Advisory Opinion 2015-228 (attorney with whom judge has acquaintance- level relationship) (8/16)
New York Advisory Opinion 2016-24 (attorney holding money in escrow for judge) (8/16)
New York Advisory Opinion 2016-30 (represented judge in disciplinary proceeding 1 year ago) (4/16)
New York Advisory Opinion 2016-81 (attorney associated in practice of law with attorney for municipality) (8/16)
New York Advisory Opinion 2016-114 (former public sector colleague and current social acquaintance) (10/16)
New York Advisory Opinion 2016-144 (law clerk becomes district attorney) (12/16)
8
South Carolina Advisory Opinion 11-2016 (owning real estate with county’s in-house attorney) (6/16)
Virginia Advisory Opinion 2016-1 (attorney who regularly appears before judge) (4/16)
West Virginia Advisory Opinion (October 29, 2015) (attorney representing Association for the Family Case Coordinators and Family Court Secretary/Clerks) (4/16)
DISQUALIFICATION – NON-FAMILIAL RELATIONSHIP WITH PARTY
New Mexico Advisory Opinion 2016-4 (lending institute with which judges has mortgages) (10/16)
New York Advisory Opinion 2015-224 (police chief is town board member) (2/16)
New York Advisory Opinion 2016-54 (defendant is another judge) (6/16)
New York Advisory Opinion 2016-96 (doctor for whom judge provided negative evaluation) (8/16)
New York Advisory Opinion 2015-185 (attorney’s sibling is close personal friend) (6/16)
DISQUALIFICATION –FAMILY MEMBER IS LAW ENFORCEMENT OFFICER, PROSECUTOR
Nebraska Advisory Opinion 2016-4 (spouse is attorney in prosecutor’s office) (8/16)
New Mexico Advisory Opinion 2016-5 (spouse is detective with local police department) (10/16)
New York Advisory Opinion 2016-67 (relative heads probation department) (6/16)
New York Advisory Opinion 2016-121 (probation officer is relative by marriage) (10/16)
New York Advisory Opinion 2016-3 (spouse is state-wide information security officer for state police) (4/16)
New York Advisory Opinion 2016-160 (relative is police chief) (12/16)
West Virginia Advisory Opinion 2015-17 (step-son-in-law is elected prosecutor) (4/16)
9
DISQUALIFICATION – LAW FIRM OF FAMILY MEMBER
Connecticut Informal Advisory Opinion 2016-4 (relative’s former law firm) (6/16)
New York Advisory Opinion 2016-111 (child is employed temporarily by law firm) (10/16)
New York Advisory Opinion 2016-130 (spouse helps select law firm to handle lobbying) (10/16)
DISQUALIFICATION – OTHER EMPLOYER OF FAMILY MEMBER
Massachusetts Letter Opinion 2016-12 (spouse is employee of an agency that provides services) (12/16)
New York Advisory Opinion 2016-74 (first-degree relative works for hospital) (8/16)
New York Advisory Opinion 2015-164 (relative is part-time attorney for the county department of social services) (6/16)
New York Advisory Opinion 2015-150 (relative is staff attorney for insurance company) (6/16)
New York Advisory Opinion 2016-28 (first-degree relative has job with agency where department of social services may place child) (4/16)
DISQUALIFICATION – MISCELLANEOUS FAMILY RELATIONSHIPS
Florida Advisory Opinion 2016-4 (relative has case against tobacco company) (6/16)
Louisiana Advisory Opinion 269 (2016) (post-conviction challenge to decisions of spouse as trial judge) (2/16)
Massachusetts Letter Opinion 2016-11 (spouse represented defendant) (12/16)
Nevada Advisory Opinion JE2016-4 (relative presided over review) (12/16)
New York Advisory Opinion 2015-206 (attorney who is child’s election opponent) (6/16)
10 New York Advisory Opinion 2016-31 (spouse is litigating unrelated action as opposing counsel to attorney) (4/16)
New York Advisory Opinion 2016-66 (attorney who previously represented judge’s grandchild’s parent) (6/16)
New York Advisory Opinion 2016-122 (attorney who represented third-degree relative) (12/16)
New York Advisory Opinion 2016-155 (relative has counseling relationship with defendant) (12/16)
South Carolina Advisory Opinion 7-2016 (spouse acted as mediator) (4/16)
South Carolina Advisory Opinion 9-2016 (attorney rents building from spouse) (4/16)
DISQUALIFICATION – FORMER LAW FIRM, FORMER CLIENT
New York Advisory Opinion 2015-126 (compensation for legal or fiduciary services he performed before assuming the bench; former colleagues, former client) (4/16)
New York Advisory Opinion 2015-221 (client of former law firm) (2/16)
New York Advisory Opinion 2016-14 (new judge; clerk’s former law firm) (4/16)
New York Advisory Opinion 2016-36 (former law firm) (4/16)
New York Advisory Opinion 2016-163/2016-170 (former assistant public defender and former private law firm partner) (12/16)
West Virginia Advisory Opinion 2015-14 (juvenile judge previously represented) (4/16)
West Virginia Advisory Opinion 2015-24 (judge formerly was law clerk for circuit judge) (4/16)
DISQUALIFICATION –FORMER GOVERNMENT ATTORNEY
California Oral Advice Summary 2016-17 (participated in prosecution of case alleged as prior for purposes of sentencing) (8/16)
New York Advisory Opinion 2015-211 (former assistant district attorney) (8/16)
11
New York Advisory Opinion 2016-20 (former assistant attorney general) (4/16)
New York Advisory Opinion 2016-59 (former prosecutor) (6/16)
New York Advisory Opinion 2016-163/2016-170 (former assistant public defender and former private law firm partner) (12/16)
West Virginia Advisory Opinion 2015-24 (judge formerly was law clerk for circuit judge) (4/16)
DISQUALIFICATION – MISCELLANEOUS
Alabama Advisory Opinion 2016-930 (legislation judge voted on while in state legislature) (10/16)
California Oral Advisory Summary 2016-15 (presiding judge disqualifying entire local bench) (4/16)
California Oral Advice Summary 2016-16 (under active consideration for appointment to court of appeal) (4/16)
Nebraska Advisory Opinion 2016-2 (adoption of children by same-sex married couples) (4/16)
New York Advisory Opinion 2015-195 (ordered child protective investigation) (8/16)
New York Advisory Opinion 2016-16 (presided over case now subject to malpractice action) (4/16)
New York Advisory Opinion 2016-26 (media efforts to link judge and spouse with person being investigated by attorney general) (4/16)
New York Advisory Opinion 2016-43 (presided over ex parte search warrant application) (4/16)
New York Advisory Opinion 2016-120 (disqualification from hearing) (12/16)
NEW JUDGE ISSUES
New York Advisory Opinion 2015-126 (compensation for legal or fiduciary services
12 performed before assuming the bench; former colleagues, former client) (4/16)
New York Advisory Opinion 2016-14 (new judge; clerk’s former law firm) (4/16)
Vermont Advisory Opinion 27-18 (fees earned pre-bench; retaining interest in real estate with former law partners) (10/16)
WRITING, TEACHING, ATTENDING, PARTICIPATING IN EDUCATION PROGRAMS
Arizona Advisory Opinion 2016-4 (training seminar on landlord/tenant law sponsored and taught by attorneys who almost exclusively represent landlords) (12/16)
Florida Advisory Opinion 2016-3 (documentary about case prosecuted as assistant state attorney) (4/16)
New Mexico Advisory Opinion 2016-3 (article on death penalty for newspaper) (10/16)
New York Advisory Opinion 2015-61 (panel program about recent decision) (2/16)
New York Advisory Opinion 2015-125 (speaking at academic conference on international, federal, and state approaches to human rights issues) (4/16)
New York Advisory Opinion 2015-179 (presentation on racial prejudice to attorneys who represent category of litigants in specialized court) (2/16)
New York Advisory Opinion 2015-202 (CLE program advertising implies attorneys attending will be in position to influence judge, honorarium designed to maximize paying attendees) (8/16)
New York Advisory Opinion 2016-5 (participating in non-commercial podcasts about legal issues) (6/16)
New York Advisory Opinion 2016-34 (panelist and mentor at free luncheon for young people of particular minority group) (4/16)
New York Advisory Opinion 2016-128 (mock trial organized by law firm) (10/16)
New York Advisory Opinion 2016-147 (panelist at landlords’ association meeting) (12/16)
13 STATEMENTS TO LEGISLATURE
New York Advisory Opinion 2016-12 (written statement suggesting changes to New York’s statutory scheme) (4/16)
COMMUNITY ACTIVITIES – GOVERNMENT COMMISSIONS
Colorado Advisory Opinion 2016-2 (organizations involved in child welfare system) (12/16)
Colorado Advisory Opinion 2016-3 (board of state organization that manages and distributes retirement and other benefits to government and public employees) (12/16)
Florida Advisory Opinion 2016-19 (constitution revision commission) (12/16)
Nebraska Advisory Opinion 2016-1 (task force on guardian ad litems in juvenile court proceedings) (4/16)
New Mexico Advisory Opinion 2015-1 (county task force on service to youth) (2/16)
New Mexico Advisory Opinion Concerning Social Media (2016) (social media) (2/16)
New York Advisory Opinion 2015-203 (legislator’s advisory committee on drug abuse) (4/16)
New York Advisory Opinion 2016-127 (official court-sponsored legislative advisory committee) (10/16)
Wyoming Advisory Opinion 2016-4 (domestic violence council) (12/16)
COMMUNITY ACTIVITIES – SERVICE ON BOARDS
Connecticut Informal Advisory Opinion 2016-16 (NOW, ACLU, Southern Poverty Law Center, ethnic bar association) (12/16)
Florida Advisory Opinion 2016-1 (board of non-profit organization that operates charter school, combats illiteracy) (2/16)
Florida Advisory Opinion 2016-11 (advisory council for public school; board member of non-partisan political and public affairs organization) (8/16)
14 Louisiana Advisory Opinion 274 (2016) (Kiwanis International Board of Trustees) (8/16)
Massachusetts Letter Opinion 2016-2 (board of private school attended by children, participation in fund-raising) (2/16)
Minnesota Advisory Opinion 2016-1 (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge’s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge’s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16)
New York Advisory Opinion 2015-190 (board of agency that offers traffic safety education programs to which judge may make referrals) (6/16)
New York Advisory Opinion 2015-201 (drug court judge serving on advisory board of community organization that assists addicts and their families) (8/16)
New York Advisory Opinion 2015-213 (board member for not-for-profit organization that provides services to underprivileged children and families) (2/16)
New York Advisory Opinion 2016-76 (advisory board to academic/clinical unit of private law school) (8/16)
New York Advisory Opinion 2016-98 (executive committee of private not-for-profit elementary school’s board of trustees) (8/16)
New York Advisory Opinion 2016-148 (director of local Urban League) (12/16)
South Carolina Advisory Opinion 13-2016 (board of trustees for museum and cultural center) (8/16)
Utah Informal Advisory Opinion 2016-3 (judicial advisory council for National Juvenile Defender Center) (6/16)
15
COMMUNITY ACTIVITIES – PARTICIPATION IN FUND-RAISING EVENTS
Connecticut Informal Opinion 2016-13 (in list for volunteers for fund-raiser) (10/16)
Connecticut Emergency Staff Opinion 2016-15 (fund-raiser for municipal historical society) (12/16)
Florida Advisory Opinion 2016-20 (bar association committee hosting fund-raiser) (12/16)
Minnesota Advisory Opinion 2016-1 (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge’s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge’s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16)
Nevada Advisory Opinion 2016-2 (attorney awards program) (8/16)
New York Advisory Opinion 2015-154 (speaker at not-for-profit organization’s annual dinner) (4/16)
New York Advisory Opinion 2015-171 (fraternal organization’s local chapter; selling raffle tickets) (6/16)
New York Advisory Opinion 2016-158 (“Casino Night” fund-raiser at child’s pre-school) (12/16)
Oklahoma Advisory Opinion 2016-1 (accepting award at banquet) (4/16)
Washington Advisory Opinion 2016-5 (program celebrating Latino culture and heritage) (8/16)
16
COMMUNITY ACTIVITIES – OTHER PARTICIPATION IN FUND-RAISING
Colorado Advisory Opinion 2016-1 (thank you call or note to donors to charitable organization) (2/16)
Florida Advisory Opinion 2016-14 (soliciting used books for jail) (10/16)
Maryland Advisory Opinion Request 2016-26 (chair of development committee) (10/16)
Minnesota Advisory Opinion 2016-1 (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge’s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge’s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16)
New Mexico Advisory Opinion 2016-1 (organizing concert for benefit of charitable organization) (10/16)
New York Advisory Opinion 2015-219 (on letterhead as board member) (6/16)
New York Advisory Opinion 2015-222 (donation to mentoring program) (2/16)
New York Advisory Opinion 2016-1 (law school reunion committee) (6/16)
New York Advisory Opinion 2016-4 (personally soliciting membership or dues for bar association) (2/16)
New York Advisory Opinion 2016-69 (master of ceremonies for event honoring local religious leaders and local executive branch official with proceeds benefiting youth program) (6/16)
New York Advisory Opinion 2016-95/2016-107 (letter on behalf of organization’s grant
17 application to assist crime victims) (8/16)
New York Advisory Opinion 2016-153 (minor child participating in charitable fund-raiser) (12/16)
COMMUNITY ACTIVITIES – PARTICIPATION IN NON-FUND-RAISING EVENTS
Connecticut Informal Opinion 2016-10 (naming annual awards dinner after judge) (8/16)
Florida Advisory Opinion 2016-16 (acknowledgement at reception for domestic violence center) (10/16)
Massachusetts Advisory Opinion 2016-6 (speaker at neighborhood’s annual community family day) (6/16)
Minnesota Advisory Opinion 2016-1 (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge’s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge’s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16)
New York Advisory Opinion 2015-227 (attending dinner where spouse will be honored) (6/16)
New York Advisory Opinion 2016-17 (promoting non-fund-raising weekend retreat, featured speaker at religious institution’s anniversary banquet) (8/16)
COMMUNITY ACTIVITIES – MISCELLANEOUS
California Judges Association Advisory Opinion 72 (2016) (participation in video
18 presentations) (10/16)
Connecticut Informal Advisory Opinion 2016-16 (NOW, ACLU, Southern Poverty Law Center, ethnic bar association) (12/16)
Connecticut Informal Opinion 2016-9 (bar foundation oral history project on women lawyers) (8/16)
Minnesota Advisory Opinion 2016-1 (legal advisor to organizations; board member for organizations; co-chair for committee to solicit funds for county bar foundation, signing letter soliciting funds for rape and abuse crisis center, writing letter in support of Kids Network for use in fund-raising activities; soliciting in-kinds items; seeking government or private funding for government or non-governmental entities; scholarship fund in judge’s name; title used in fund-raising; appearing at fund-raisers in prominent roles, attending such events, and playing minor roles; defining fund-raising events; special fund in judge’s name for athletic program; community theater named for judge; picture and story n promotional materials and fund-raising brochure for private college; public service announcement for state higher education service office; participating in event sponsored by advocacy organization; support for creation of panel of volunteer criminal defense attorneys; minority bar association or similar group that promotes hiring of minority lawyers by law firms; letter encouraging pro bono legal services; ordering defendants to make contributions to charities; requesting donation to charity in lieu of fee for performing marriage; driving course offered by local vocational college) (10/16)
New York Advisory Opinion 2015-104 (name and honorific in list of volunteers) (4/16)
New York Advisory Opinion 2015-171 (fraternal organization’s local chapter; selling raffle tickets) (6/16)
New York Advisory Opinion 2015-223 (authorizing trust to make charitable donations to not-for-profit entities that appear before judge) (6/16)
New York Advisory Opinion 2016-2 (domestic violence advocacy program) (6/16)
New York Advisory Opinion 2016-15 (honorarium for giving “lesson for the day” at worship service) (4/16)
New York Advisory Opinion 2016-22 (reading passages from scripture at religious service, participating in prison ministry program) (8/16)
New York Advisory Opinion 2016-35 (donation to foundation that provides support to children of law enforcement officials) (4/16)
New York Advisory Opinion 2016-60 (discussion group to develop proposals for
19 redistricting reform, etc.) (6/16)
New York Advisory Opinion 2016-105 (oath of office for county legislature’s law-related advisory board) (6/16)
New York Advisory Opinion 2016-116 (advocating for increase in staffing for district attorney and public defender and centralized district court or arraignment court) (10/16)
New York Advisory Opinion 2016-124 (mentoring high school student) (10/16)
New York Advisory Opinion 2016-151 (mentoring program to help promote diversity in judiciary) (12/16)
Utah Informal Advisory Opinion 2016-2 (organization’s statements and policies would undermine public confidence in the independence and impartiality of the judiciary, organization commends or criticizes political candidates; event for which one of the purposes in raising money; speaking on issues and legislation that personally affect judge) (6/16)
BAR ASSOCIATION
New York Advisory Opinion 2015-229 (officer of bar association) (2/16)
New York Advisory Opinion 2016-4 (personally soliciting membership or dues for bar association) (2/16)
New York Advisory Opinion 2016-40 (signing bar association’s certificate of incorporation) (4/16)
New York Advisory Opinion 2016-93 (promotional materials for bar association’s educational programs in back of courtroom) (8/16)
JUDGES’ ASSOCIATION
New York Advisory Opinion 2015-99 (magistrates association touring state police headquarters, observing law enforcement training) (2/16)
New York Advisory Opinion 2015-100 (judicial association responding to public criticism of judge) (2/16)
20 New York Advisory Opinion 2015-187 (judge’s association annual conference at hotel resort and casino owned by Native American nation) (4/16)
New York Advisory Opinion 2016-145 (magistrates’ association commenting on bar association’s proposed assigned counsel plan) (12/16)
RECOMMENDATIONS, REFERENCES, TESTIMONY
Connecticut Emergency Staff Opinion 2016-3 (letter of recommendation to office of chief public defender for attorney) (6/16)
Connecticut Informal Advisory Opinion 2016-7 (affidavit for family member involved in out-of-state lawsuit) (6/16)
Connecticut Informal Opinion 2016-11 (suggesting courthouse employee send résumé friend) (8/16)
Illinois Advisory Opinion 2016-1 (recommending lawyers) (4/16)
Massachusetts Advisory Letter Opinion 2016-13 (testifying as character witness in reinstatement proceeding) (12/16)
Nebraska Advisory Opinion 2016-3 (letter of recommendation for court clerk) (6/16)
New York Advisory Opinion 2015-103 (reviewing professional services of divorce lawyer) (4/16)
New York Advisory Opinion 2015-173 (letter supporting court officer’s request to be assigned to judge’s courthouse) (6/16)
New York Advisory Opinion 2015-193 (letter expressing appreciation for care provided to deceased parent) (4/16)
New York Advisory Opinion 2016-18 (intern who has applied for pistol permit) (4/16)
New York Advisory Opinion 2016-27 (letter re parole and/or clemency) (8/16)
New York Advisory Opinion 2016-33 (letter of recommendation for family member in criminal case in another state) (4/16)
New York Advisory Opinion 2016-38 (reference for police officer seeking to be promoted) (4/16)
21 New York Advisory Opinion 2016-41 (testifying before disciplinary committee at attorney’s request) (4/16)
New York Advisory Opinion 2016-89 (letter urging municipality to add court officers’ names to memorial honoring first responders) (6/16)
New York Advisory Opinion 2016-90 (inquiry from judicial election qualification commission) (8/16)
New York Advisory Opinion 2016-106 (judge may complete a Department of Social Services “residency verification” form that requests factual information concerning the names of all adults and children in the home; requires the form be filled out by a professional who knows the applicant and his family; and requires the signer to state her profession) (8/16)
South Carolina Advisory Opinion 12-2016 (detailed questionnaire for use in Catholic annulment proceeding) (8/16)
Wyoming Advisory Opinion 2016-2 (character reference in criminal proceeding in another state) (4/16)
FAMILY ISSUES
Arizona Advisory Opinion 2016-3 (spouse placing political signs on property) (10/16)
Connecticut Emergency Staff Opinion 2016-1 (acknowledgment on document relative needs in pending lawsuit) (2/16)
Florida Advisory Opinion 2016-2 (firm wants to promote fact that attorney is judge’s child) (2/16)
Florida Advisory Opinion 2016-7 (judicial candidate married to judge using judge’s photograph) (6/16)
South Carolina Advisory Opinion 6-2016 (spouse running for office) (4/16)
U.S. Advisory Opinion 115 (2016) (nepotism) (4/16)
GIFTS
New York Advisory Opinion 2015-122 (gift of food from former judge, bar group on
22 former judge’s behalf) (2/16)
REAL ESTATE
Louisiana Advisory Opinion 268 (2016) (drug court treatment provider in building owned by judge and brother) (2/16)
FINANCIAL CONDUCT
California Oral Advice Summary 2016-19 (compensation for solemnizing marriage) (12/16)
Florida Advisory Opinion 2016-12 (supplemental income) (8/16)
Florida Advisory Opinion 2016-17 (interest in closely held web-based business) (10/16)
Massachusetts Letter Opinion 2016-4 (photos included in exhibitions) (4/16)
New York Advisory Opinion 2015-102 (participating in World Series of Poker) (2/16)
New York Advisory Opinion 2015-151 (client of salesperson whose spouse is village prosecutor) (4/16)
New York Advisory Opinion 2016-6 (promoting book) (4/16)
New York Advisory Opinion 2016-37 (option/purchase agreement for screenplay) (4/16)
New York Advisory Opinion 2016-80 (ownership interests in limited liability company that owns income-producing property) (8/16)
New York Advisory Opinion 2016-117 (teaching fitness class) (12/16)
Washington Advisory Opinion 2016-1 (softball umpire) (2/16)
PRACTICE OF LAW
New York Advisory Opinion 2015-128 (former law partner is temporarily unavailable for medical reasons to wind up firm’s affairs) (2/16)
New York Advisory Opinion 2015-200 (JAG corps) (4/16)
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PERSONAL CONDUCT
Connecticut Informal Advisory Opinion 2016-6 (rebate for energy efficiency improvements) (6/16)
Connecticut Informal Advisory Opinion 2016-16 (NOW, ACLU, Southern Poverty Law Center, ethnic bar association) (12/16)
New Mexico Advisory Opinion 2015-3 (article in equestrian magazine about how participation in contests benefits young women) (8/16)
New York Advisory Opinion 2016-73 (defensive driving program hosted by police department) (8/16)
New York Advisory Opinion 2016-94 (delegate to state constitutional convention, public position on whether a constitutional convention should be convened, lecture on historical constitutional conventions and procedures) (8/16)
New York Advisory Opinion 2016-125 (officiating at wedding in another state) (10/16)
New York Advisory Opinion 2015-131 (reinstatement of pistol permit) (4/16)
Wyoming Advisory Opinion 2016-1 (disciplinary committee for Episcopal Diocese) (4/16)
FIDUCIARY ACTIVITIES
Maryland Opinion Request 2016-19 (orphans’ court judge acting as mediator, guardian) (6/16)
Massachusetts Advisory Opinion 2016-7 (trustee of friend’s trust) (6/16)
South Carolina Advisory Opinion 5-2016 (fiduciary for friend) (2/16)
SOCIAL EVENTS
South Carolina Advisory Opinion 1-2016 (co-hosting with attorney/son reception for other judges during state bar convention) (2/16)
24 SOCIAL MEDIA
Massachusetts Letter Opinion 2016-1 (2/16)
Massachusetts Letter Opinion 2016-8 (LinkedIn) (8/16)
Massachusetts Advisory Opinion 2016-9 (Twitter) (12/16)
New Mexico Advisory Opinion Concerning Social Media (2016) (2/16)
SENIOR OR RETIRED JUDGES
Arizona Advisory Opinion 2016-2 (retired judge using title, statements concerning prior judicial service in activities) (2/16)
Florida Advisory Opinion 2016-18 (senior judge serving as litigant-paid special magistrate) (10/16)
Florida Advisory Opinion 2016-22 (senior judge working for insurance adjusting company) (12/16)
Massachusetts Letter Opinion 2016-3 (former judge practicing in federal courts within 6 months of retirement) (4/16)
Massachusetts Letter Opinion 2016-5 (retired judge accepting appointments to serve as master within first 6 months) (4/16)
New York Advisory Opinion 2016-136 (guest of honor at fund-raising dinner post- retirement) (10/16)
South Carolina Advisory Opinion 4-2016 (retired judge serving on foundation board) (2/16)
PART-TIME JUDGES – LIMITS ON PRACTICE
New Mexico Advisory Opinion 2016-2 (arresting officer regularly appears before judge) (10/16)
New York Advisory Opinion 2015-205 (serving as corporation counsel) (4/16)
New York Advisory Opinion 2016-13 (continuing to represent client) (4/16)
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New York Advisory Opinion 2016-32 (in-house counsel for sheriff’s office) (4/16)
New York Advisory Opinion 2016-72 (counsel to association of local government officials and employees) (8/16)
New York Advisory Opinion 2016-87 (ombudsman for aggrieved town employees) (8/16)
New York Advisory Opinion 2016-119 (judicial hearing officer representing clients) (12/16)
New York Advisory Opinion 2016-137 (part-time judge employed as conflict defender) (12/16)
Virginia Advisory Opinion 2016-2 (representing local police union) (10/16)
Wyoming Advisory Opinion 2016-3 (part-time judge may represent criminal defendants in courts other than the municipal court in which she serves) (4/16)
PART-TIME JUDGES – DISQUALIFICATION
New York Advisory Opinion 2015-142 (petitioning on behalf of beneficiaries of estate; assistant town attorneys appearing before judge) (4/16)
New York Advisory Opinion 2016-21 (town board member who votes on salary) (4/16)
PART-TIME JUDGES – POLITICAL CONDUCT
New York Advisory Opinion 2015-134 (delegate to judicial nominating convention; notary public; circulating nominating petitions) (2/16)
South Carolina Advisory Opinion 3-2016 (running for university board) (2/16)
PART-TIME JUDGES – MISCELLANEOUS
New York Advisory Opinion 2015-129 (bar association’s attorney grievance committee) (4/16)
New York Advisory Opinion 2015-142 (petitioning on behalf of beneficiaries of estate; assistant town attorneys appearing before judge) (4/16)
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New York Advisory Opinion 2016-10 (ads indicating availability to officiate marriages) (8/16)
New York Advisory Opinion 2016-58 (conducting background investigations for U.S. Office of Personnel Management) (6/16)
New York Advisory Opinion 2016-63 (when judge becomes subject to rules governing judicial conduct; part-time displaying banner stating “Your vote counts in ___ County;” prohibiting attorney/tenant from practicing before judges of his court) (6/16)
New York Advisory Opinion 2016-83 (portraying judge in for-profit film) (8/16)
South Carolina Advisory Opinion 14-2016 (projects administrator for city) (10/16)
Tennessee Advisory Opinion 2016-1 (part-time assistant/deputy divorce referee) (6/16)
POLITICAL ACTIVITY
California Formal Advisory Opinion 2016-8 (attending political events) (4/16)
California Oral Advice Summary 2016-18 (swearing in public officials) (12/16)
Florida Advisory Opinion 2016-21 (presidential inauguration and event) (12/16)
Massachusetts Letter Opinion 2016-10 (Women's March on Washington) (12/16)
Maryland Advisory Opinion Request 2016-11 (acting as election judge) (4/16)
New York Advisory Opinion 2015-145 (petitions for other candidates) (4/16)
New York Advisory Opinion 2015-188 (First Amendment issues; participation in public activities regarding redistricting) (4/16)
New York Advisory Opinion 2015-214 (unexpended non-judicial campaign funds) (4/16)
New York Advisory Opinion 2016-85 (anonymously engaging in political activity) (8/16)
New York Advisory Opinion 2016-135 (advocating for change in penal law) (12/1
New York Advisory Opinion 2016-149 (attending “meet the candidates” event) (12/16)
New York Advisory Opinion 2016-169 (circulating petition to force referendum) (12/16)
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South Carolina Advisory Opinion 8-2016 (running for political office) (4/16)
Utah Informal Advisory Opinion 2016-1 (voting in caucus meeting) (4/16)
New York Advisory Opinion 2015-120 (campaign to lobby political support and funding for union contract renewals for alma mater) (2/16)
FAMILY ISSUES -- POLITICAL
Maryland Advisory Opinion Request 2015-47 (spouse’s political campaign) (2/16)
Maryland Opinion Request 2016-23 (spouse making political contributions) (8/16)
South Carolina Advisory Opinion 6-2016 (spouse running for office) (4/16)
CAMPAIGN CONDUCT -- FINANCING
Arkansas Advisory Opinion 2015-3 (contribution from partisan political organization or political organization’s PAC) (2/16)
Florida Advisory Opinion 2016-15 (electioneering communications organization) (10/16)
New York Joint Advisory Opinions 2016-29/2016-50 (unexpended campaign funds) (8/16)
New York Advisory Opinion 2016-75 (joint fund-raiser) (8/16)
New York Advisory Opinion 2016-79 (campaign materials invite public to “donate” to campaign) (8/16)
New York Amended Opinion 2016-97 (unexpended campaign funds) (10/16)
North Dakota Advisory Opinion 2016-1 (contributions from political action committee) (4/16)
West Virginia Advisory Opinion 2015-26 (city councilwoman serving as host for campaign meet-and-greet social) (4/16)
West Virginia Advisory Opinion 2016-4 (campaign dinner/dance fund-raiser) (4/16)
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CAMPAIGN CONDUCT – SOCIAL MEDIA
Florida Advisory Opinion 2016-13 (words “Vote for [CANDIDATE’S NAME] on August 30” on candidate’s Facebook profile) (8/16)
Louisiana Advisory Opinion 271 (2016) (link on personal web-site or social media page to judicial campaign web-site or social media page) (4/16)
North Dakota Advisory Opinion 2016-2 (campaign social media pages; incumbent pictured in judicial robe) (4/16)
West Virginia Advisory Opinion 2016-1 (videos on campaign Facebook page) (4/16)
CAMPAIGN CONDUCT -- MISCELLANEOUS
Florida Advisory Opinion 2016-5 (political office holder on campaign committee) (6/16)
Florida Advisory Opinion 2016-6 (commenting about events surrounding termination of court employee) (6/16)
Florida Advisory Opinion 2016-8 (gathering sponsored by group claiming no party affiliation but describing itself as “conservative”) (8/16)
Florida Advisory Opinion 2016-9 (endorsement from county commissioner) (8/16)
Florida Advisory Opinion 2016-10 (candidate’s forum) (8/16)
Maryland Advisory Opinion Request 2016-8 (judicial candidate hosting reception for other judicial candidates) (4/16)
New York Advisory Opinion 2015-196 (law clerk/judicial candidate campaign commercial depicting conference) (8/16)
New York Advisory Opinion 2016-7 (political organization pledge) (8/16)
New York Advisory Opinion 2016-47 (judicial candidate serving on bar association’s screening panel) (8/16)
North Dakota Advisory Opinion 2016-2 (campaign social media pages; incumbent pictured in judicial robe) (4/16)
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North Dakota Advisory Opinion 2016-3 (campaign advertisement comparing records) (10/16)
Washington Advisory Opinion 2016-3 (candidate challenging judge appointed to fill vacancy) (6/16)
Washington Advisory Opinion 2016-4 (Industrial Appeals Judge with the Board of Industrial Insurance Appeals) (8/16)
Washington Advisory Opinion 2016-7 (political organization distributing candidate’s campaign materials) (10/16)
West Virginia Advisory Opinion 2015-23 (using old campaign materials) (4/16)
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