This is a selection of published Advisory Committee opinions involving:
- undisclosed outside assistance, where someone "secretly" drafted or assisted in preparing legal papers that were submitted to a court;
- legal papers prepared by an attorney whose presence in the case might be problematic, but submitted by a different attorney; or
- other concealed or undisclosed legal assistance in a case.
This is not an exhaustive compilation, but only a starting point for research.
|
Important Note: All comments reflect staff counsel's understanding and analysis of selected opinions, and do not necessarily reflect the Advisory Committee’s views as expressed in its full, published opinions. Only a written opinion from the Advisory Committee on Judicial Ethics can provide the statutory protection of Judiciary Law § 212(2)(l)(iv). |
PART I: Papers Prepared by...
These opinions focus on the perspective of a judge who learns that submitted papers were or may have been prepared by someone other than the person who is appearing in the case.
...Non-Attorney
18-140 What are a judge's disciplinary obligations, if any, after an unrepresented non-attorney defendant "averred that he/she has 'occasionally drafted' memoranda of law for [their represented] co-defendant"?
13-173 What are a judge's disciplinary obligations, if any, on learning that an unidentified, unlicensed law school graduate allegedly assisted, for remuneration, an unrepresented litigant in preparing a memorandum of law in support of a motion?
...Attorney, for a Purportedly "Pro Se" Litigant
10-204 What are a judge's disciplinary obligations, if any, in light of an attorney’s admission that he/she anonymously prepared papers, on behalf of an unrepresented litigant, in opposition to an application pending before the judge?
...Party's Former Counsel, Whose Presence Would Require the Judge's Disqualification
18-84 A judge may not preside where a pending motion was prepared by a law firm representing the judge and his/her family in various litigated and transactional matters, even though the client has substituted new counsel.
...Law Partner of Judge's Co-Judge
17-86 A full-time judge may not permit his/her part-time co-judge’s partners and associates to engage in the practice of law before him/her and, thus, may not accept papers for filing which were evidently prepared by the co-judge’s partner.
PART II: Can a Part-Time Lawyer Judge Help Out Behind-the-Scenes?
These opinions focus on the perspective of a part-time attorney judge who wishes to provide behind-the-scenes assistance in a case where he/she cannot personally appear.
16-143 (1) Where a part-time lawyer judge’s law practice associate is representing a client in another court in the same county before another part-time lawyer judge, the judge may not personally participate in the representation by meeting with the client or discussing the case with opposing counsel, even if such activities will take place away from the courthouse. (2) The judge may nonetheless directly supervise a subordinate attorney who is representing the law practice’s clients in such matters, provided such supervision takes place in private, without involvement of the client, opposing parties or counsel, or the court in which the matter is heard.
14-80 A part-time lawyer/judge may not assist a long-time client and family friend with a case pending before another part-time lawyer/judge in the same county.
Back to Learning Corner