Opinion 18-150

January 25, 2019

Dear :

         This responds to your inquiry (18-150) asking if you must report a non-attorney defendant who, on the eve of sentencing, falsely alleged that he/she knows you socially.¹

         We have previously advised that NYCRR section 100.3 (D)(1)-(2), which sets forth a judge’s disciplinary obligations, refers to misconduct by a lawyer or another judge ( see Opinion 17-07). As this defendant is not an attorney or judge, it is entirely within your discretion whether to report the conduct of the defendant to any appropriate authority (see Opinions 15-153; 14-122;09-171; 03-110).

         Enclosed, for your convenience, are Opinions 17-07 and 03-110, for your review, which address this issue.

                                       Very truly yours,

                                       George D. Marlow, Assoc Justice

                                       Appellate Div., First Dept. (Ret)

                                       Committee Co-Chair

                                       Hon. Margaret T. Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair

Encls. 

_______________________

         ¹ Although the defendant’s allegation was made via counsel, we see nothing in the inquiry to suggest that counsel acted improperly in relaying the claim made by his/her client and making good-faith legal arguments based on that claim.