Opinion 23-137

December 14, 2023

Digest:  The Rules Governing Judicial Conduct do not require a judge to report their own ethics violation to the Commission on Judicial Conduct.

Rules:   22 NYCRR 100.2; 100.2(A); 100.(D)(1); Opinions 17-156; 08-209.

Opinion:

          The inquiring judge has become aware that he/she violated the Rules Governing Judicial Conduct in connection with a pending case.  The judge has recused from the matter, but also asks if it is necessary to self-report the judge’s own ethical breach.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  Further, “[a] judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action” (22 NYCRR 100.3[D][1]).

          The Rules Governing Judicial Conduct set forth a judge’s disciplinary obligations on learning of alleged misconduct by “another judge” (22 NYCRR 100.3[D][1]).  They do not require judges to self-report their own misconduct to the Commission on Judicial Conduct (see Opinions 17-156; 08-209).  Accordingly, the inquiring judge is not ethically required to do so.