May 12, 2020
We respond to your inquiry (20-08) due to your status as a defendant in a personal injury action. You and a relative have retained counsel to represent you jointly, and you ask if you may authorize your counsel to advise plaintiff’s counsel of your judicial status.
While you should not disclose your judicial status to the presiding judge, we believe you should instruct your attorney to notify opposing counsel. All counsel involved can then decide on the best course of action to take, given the circumstances of the particular case.
Enclosed for your review is Opinion 08-95.
Very truly yours,
George D. Marlow, Assoc Justice
Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Supreme Court Justice