Opinion 90-13

January 18, 1990

Digest:         A judge should report improprieties of another judge to the State Commission on Judicial Conduct.

Rules:          22 NYCRR 100.3(b)(3).

Opinion:

         A full-time judge inquires whether he should report possible impropriety by another judge to the State Commission on Judicial Conduct. The possible judicial impropriety came to the judge's attention as a result of affidavits submitted in a civil action before the judge which alleged that another judge was threatening one party with possible prison time in connection with the civil suit. The allegation has no bearing upon the determination of the civil suit, to which the other judge is not a party. The inquiring judge has no independent knowledge of the truth or accuracy of the allegation.

         Section 100.3(b)(3) of the Rules of the Chief Administrator provides:

A judge shall take or initiate appropriate disciplinary measures against a judge or lawyer for unprofessional conduct of which the judge may become aware.

         Since the allegation was made under oath, and alleges clear misconduct by a judge, it is the Committee's opinion that the sitting judge should refer this matter to the Commission on Judicial Conduct for an investigation of the facts of the other judge's possible misconduct.