Inquiry 18-01

April 4, 2018

Dear :

         This responds to your inquiry (18-01) asking whether you may ethically continue to represent a client in a traffic matter where the client has advised you that a third party (who is neither a lawyer nor a judge) has persuaded the ticketing officer not to appear in court. Although you have negotiated a favorable plea agreement, your client refuses to accept the plea because if the officer does not appear in court, the matter will likely be dismissed.

         The Committee is not aware of any provision in the Rules Governing Judicial Conduct (22 NYCRR part 100) which either prohibits you from continuing to represent your client or compels your continued representation. To the extent you are asking us whether it is appropriate to continue representing your client pursuant to applicable lawyer ethics rules, that is a legal question beyond the Committee’s statutory power (see Judiciary Law sec. 212 (2)(l); 22 NYCRR 101.1), and we refer you to the Rules of Professional Conduct (22 NYCRR part 1200).¹

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t

                                                 Committee Co-Chair

                                                 Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

__________________

¹We note that a judge is under no duty to report misconduct of non-lawyers or non-judges (see 22 NYCRR 100.3[D][1] and [2]).