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Home > Law > Family Law   »   Legal Ethics

 
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Old Nov 29, 2008, 06:31 PM
NY Justice
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Legal Ethics

Is it considered Judicial misconduct if a NY Judge solicits advice to a litigant knowing that the litigant is represented by counsel?

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Old Nov 30, 2008, 09:35 AM   #2  
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Since so many of you viewed my question but did not try to answer I have taken the libery to search online and found the answer myself.

Rules of Conduct

Section 100.4 - (G) Practice of Law

A full-time judge shall not practice law. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to a member of the judge's family.

Section 100.6 Application of the rules of judicial conduct.

(A) General application. All judges in the unified court system and all other persons to whom by their terms these rules apply, e.g., candidates for elective judicial office, shall comply with these rules of judicial conduct, except as provided below.

(2) shall not practice law in the court on which the judge serves, or in any other court in the county in which his or her court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto;
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Old Nov 30, 2008, 10:06 AM   #3  
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It depends on circumstances... you should be more elaborated about the incident when ask this kind of question or nobody would be able to answer.

Comments on this post
stinawords agrees: absolutely
NY Justice disagrees: Disagree
crabman1500cc disagrees: Vague Response
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Old Nov 30, 2008, 11:02 AM   #4  
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Quote:
Originally Posted by lawanwadee View Post
It depends on circumstances... you should be more elaborated about the incident when ask this kind of question or nobody would be able to answer.
It is a sensitive issue that cannot be disclosed at the moment but in time the issue will be exposed.

Thanks for your post.
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