Opinion 17-156

November 17, 2017

Dear :

         This responds to your joint inquiry (17-156) asking about your ethics obligations as full-time judges upon realizing the investment club you had joined was a for-profit entity. Though you initially believed the group was primarily educational, you took immediate steps to resign upon learning of the club’s for-profit status (see 22 NYCRR 100.4[D][3]).

         Because you promptly resigned from the organization and took special care not to benefit financially from your brief membership in the club, the Committee advises you have no further ethics obligations in this matter. The Rules Governing Judicial Conduct require a judge to take appropriate action on learning of the misconduct by “another judge” (22 NYCRR 100.3[D][1]). Thus, the Rules do not require you to self-report. 

         Enclosed, for your convenience, is Opinion 08-209 on this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t (Ret.)

                                                 Committee Co-Chair

                                                 Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

Enc.