Opinion 07-143

January 25, 2008

         A judges inquires whether he/she must report certain attorneys to the Grievance Committee, based on allegations made in a motion pending before the judge.

         The Rules Governing Judicial Conduct require that “[a] judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Code of Professional Responsibility shall take appropriate action.” 22 NYCRR 100.3(D)(2). This Committee has previously stated that, “the determination of whether there is a substantial likelihood of a substantial violation rests with the judge.” Opinion 06-24.