Opinion 14-122

October 8, 2014

PERSONAL AND CONFIDENTIAL

Dear   :

         This responds to your inquiry (14-122) asking what ethical reporting obligations you have regarding certain conduct of a notary public, which may be a violation of the Executive Law.

         A judge has certain reporting obligations regarding certain misconduct of other judges and attorneys. However, no such obligation exists where the wrongdoer is neither a judge nor an attorney. Consequently, it is entirely within your discretion whether to report the conduct of the notary public.

         Enclosed, for your convenience, are Opinion 13-35 and Joint Opinion 88-85/88-103 which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.