Part 100 of the Rules of the Chief Administrative Judge and published opinions of the Advisory Committee on Judicial Ethics apply to the conduct of judges and quasi-judicial officials (such as court attorney-referees, judicial hearing officers and support magistrates). Some portions, by their terms, also apply to candidates for election to judicial office. See 22 NYCRR 100.6(A).
Other rules, statutes and decisions may also apply in certain situations, such as:
ACJE Creation and Powers
N.Y. Judiciary Law §212(2)(l) or visit www.nysenate.gov for more information.
Disqualification (Recusal)
N.Y. Judiciary Law §14 or visit www.nysenate.gov for more information.
N.Y. Judiciary Law §9 or visit www.nysenate.gov for more information.
People v. Moreno, 70 N.Y.2d 403 (1987) or visit govt.westlaw.com/nyofficial
22 NYCRR 122.11 (judicial hearing officers)
Practice of Law (Part-Time Judges)
N.Y. Judiciary Law §§16-17, 471 or visit public.leginfo.state.ny.us for more information.
22 NYCRR 36 (certain court appointments)
22 NYCRR 122.10 (judicial hearing officers)
Statutory Impacts on Judge's Partners, Associates, and Relatives
N.Y. Judiciary Law §471 (part-time judge's partners and associates) or visit public.leginfo.state.ny.us for more information.
N.Y. Judiciary Law §472 (surrogate's parent or child) or visit public.leginfo.state.ny.us for more information.
Campaign Speech
Matter of Watson, 100 N.Y.2d 290 (2003) or visit govt.westlaw.com/nyofficial
22 NYCRR 100.5(A)(4)(a), (d)-(e)
Matter of Mullin (Commn on Jud Conduct 2000) or visit www.scjc.state.ny.us for more information.
Matter of Maislin (Commn on Jud Conduct 1998) or visit the commission's website.
Matter of Kulkin (Commn on Jud Conduct 2006) or visit the commission's website.
NYSBA Opinion 289: Visit www.nysba.org to search for state bar association opinions.
Campaign Funds
In re Raab, 100 N.Y.2d 305 (2003) or visit govt.westlaw.com/nyofficial
22 NYCRR 100.5(A)(1)(h); 100.5(A)(6)
Matter of Schneier (Commn on Jud Conduct 2003) or visit www.scjc.state.ny.us for more information.
Judicial Discipline
Commission on Judicial Conduct
Additional Court Rules
Many other court rules may intersect with various aspects of Part 100. For ease of reference, here are a few that have been mentioned in Advisory Committee opinions.
From the Rules of the Chief Judge (22 NYCRR 1 to 81):
- Part 8 (appointment of relatives of judges)
- Part 16 (court appearances by former appellate court judges and justices)
- Part 29 (electronic recording and audio-visual coverage in court facilities)
- Part 36 (certain court appointments); see also Guardian and Fiduciary Services
- Part 40 (financial disclosures); see also UCS Ethics Commission
- Part 50 (rules governing conduct of nonjudicial court employees); current UCS employees may also access Nonjudicial Ethics Helpline
From the Rules of the Chief Administrator of the Courts (22 NYCRR 100 to 154):
- Part 122 (judicial hearing officers)
From the Joint Rules of the Departments of the Appellate Division:
- Part 1200 (Rules of Professional Conduct)
Constitutional Provisions
Some constitutional provisions may also intersect with certain aspects of Part 100. Beyond general principles such as due process and separation of powers, we note for example that the first sentence of Section §20(b) of Article VI of the NYS Constitution imposes restrictions on specified full-time judges:
b. A judge of the court of appeals, justice of the supreme court, judge of the court of claims, judge of a county court, judge of the surrogate’s court, judge of the family court or judge of a court for the city of New York established pursuant to section fifteen of this article who is elected or appointed after the effective date of this article may not:
(1) hold any other public office or trust except an office in relation to the administration of the courts, member of a constitutional convention or member of the armed forces of the United States or of the state of New York in which latter event the legislature may enact such legislation as it deems appropriate to provide for a temporary judge or justice to serve during the period of the absence of such judge or justice in the armed forces;
(2) be eligible to be a candidate for any public office other than judicial office or member of a constitutional convention, unless he or she resigns from judicial office; in the event a judge or justice does not so resign from judicial office within ten days after his or her acceptance of the nomination of such other office, his or her judicial office shall become vacant and the vacancy shall be filled in the manner provided in this article;
(3) hold any office or assume the duties or exercise the powers of any office of any political organization or be a member of any governing or executive agency thereof;
(4) engage in the practice of law, act as an arbitrator, referee or compensated mediator in any action or proceeding or matter or engage in the conduct of any other profession or business which interferes with the performance of his or her judicial duties.