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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Administrative Judge


PART 101. Advisory Committee On Judicial Ethics
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101.1 Establishment
101.2 Membership
101.3 Duties
101.4 Procedure
101.5 Compensation
101.6 Confidentiality
101.7 Publication

Section 101.1 Establishment.

There shall be an Advisory Committee on Judicial Ethics to issue advisory opinions to judges and justices of the Unified Court System concerning issues related to ethical conduct, proper execution of judicial duties, and possible conflicts between private interests and official duties.

Historical Note
Sec. filed Feb. 2, 1982; renum. 103.1, new filed Nov. 1, 1988 eff. Nov. 22, 1988.

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Section 101.2 Membership.

(a) The Chief Administrator of the Courts, in consultation with the Administrative Board of the Courts and with the approval of the Chief Judge of the State of New York, shall appoint members to the committee in such numbers as deemed necessary to effectively carry out its duties and shall designate the chair.

(b) Each member shall be an active or former judge or justice of the Unified Court System.

(c) The members and the chair shall serve at the pleasure of the Chief Administrator and shall be appointed for terms of up to five years, provided that no member first appointed on or after November 1, 2000, shall serve for more than one five-year term.

Historical Note
Sec. filed Nov. 1, 1988; amds. filed: Feb. 25, 1993; March 27, 1996; July 17, 2000 eff. July 12, 2000. Amended (c).

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Section 101.3 Duties.

(a) The committee shall issue advisory opinions, in writing, to the judge or justice making the request. The committee may decline to respond to any question it deems inappropriate for the exercise of its jurisdiction.

(b) The committee may respond to questions concerning judicial ethics posed by persons who exercise quasi-judicial duties in the Unified Court System but who are not judges or justices of the Unified Court System.

Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988.

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Section 101.4 Procedure.

(a) Unless the chair provides otherwise, all requests for advisory opinions shall be submitted in writing. Requests shall detail the particular facts and circumstances of the case. The committee may request such supplemental material as it deems necessary.

(b) The committee shall adopt procedures for the formulation and transmission of its advisory opinions.

Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988.

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Section 101.5 Compensation.

Members of the committee shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of their official duties for the committee.

Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988.

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Section 101.6 Confidentiality.

Except as set forth in section 101.7 of this Part, requests for advisory opinions, advisory opinions issued by the committee, and the facts and circumstances on which they are based shall be confidential and shall not be disclosed by the committee to any person other than the individual making the request. Deliberations by the committee shall be confidential.

Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988.

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Section 101.7 Publication.

The committee shall publish its formal advisory opinions, at such times and in such manner as approved by the Chief Administrator, with appropriate deletions of names of persons, places, or things that might tend to identify the judge or justice making the request or any other judge or justice of the Unified Court System.

Historical Note
Sec. filed Nov. 1, 1988 eff. Nov. 22, 1988.