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| PART 101.
Advisory Committee On Judicial Ethics |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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101.1 Establishment
101.2 Membership
101.3 Duties
101.4 Procedure
101.5 Compensation
101.6 Confidentiality
101.7 Publication |
| Section
101.1 Establishment.
There shall be an Advisory Committee on Judicial Ethics
to issue advisory opinions to judges and justices of the Unified
Court System concerning issues related to ethical conduct,
proper execution of judicial duties, and possible conflicts
between private interests and official duties.
Historical Note
Sec. filed Feb. 2, 1982; renum. 103.1, new filed Nov. 1, 1988
eff. Nov. 22, 1988. |
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| Section
101.2 Membership.
(a) The Chief Administrator of
the Courts, in consultation with the Administrative Board
of the Courts and with the approval of the Chief Judge of
the State of New York, shall appoint members to the committee
in such numbers as deemed necessary to effectively carry out
its duties and shall designate the chair.
(b) Each member shall be an active or former judge or justice
of the Unified Court System.
(c) The members and the chair shall serve at the pleasure
of the Chief Administrator and shall be appointed for terms
of up to five years, provided that no member first appointed
on or after November 1, 2000, shall serve for more than one
five-year term.
Historical Note
Sec. filed Nov. 1, 1988; amds. filed: Feb. 25, 1993; March
27, 1996; July 17, 2000 eff. July 12, 2000. Amended (c). |
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| Section
101.3 Duties.
(a) The committee shall issue advisory
opinions, in writing, to the judge or justice making the request.
The committee may decline to respond to any question it deems
inappropriate for the exercise of its jurisdiction.
(b) The committee may respond to questions concerning judicial
ethics posed by persons who exercise quasi-judicial duties
in the Unified Court System but who are not judges or justices
of the Unified Court System.
Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988. |
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| Section
101.4 Procedure.
(a) Unless the chair provides otherwise,
all requests for advisory opinions shall be submitted in writing.
Requests shall detail the particular facts and circumstances
of the case. The committee may request such supplemental material
as it deems necessary.
(b) The committee shall adopt procedures for the formulation
and transmission of its advisory opinions.
Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988. |
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Section 101.5
Compensation.
Members of the committee shall serve without compensation
but shall be reimbursed for expenses actually and necessarily
incurred in the performance of their official duties for the
committee.
Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988.
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| Section
101.6 Confidentiality.
Except as set forth in section
101.7 of this Part, requests for advisory opinions, advisory
opinions issued by the committee, and the facts and circumstances
on which they are based shall be confidential and shall not
be disclosed by the committee to any person other than the
individual making the request. Deliberations by the committee
shall be confidential.
Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988. |
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| Section
101.7 Publication.
The committee shall publish its
formal advisory opinions, at such times and in such manner
as approved by the Chief Administrator, with appropriate deletions
of names of persons, places, or things that might tend to
identify the judge or justice making the request or any other
judge or justice of the Unified Court System.
Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988. |
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