The New York Advisory Committee on Judicial Ethics has issued an opinion addressing the ethical obligations of a judge who suspects their campaign treasurer of misusing funds. The opinion, designated 25-126, clarifies that a judge is not ethically obligated to report the alleged misconduct if the individual in question is not an attorney or another judge.
The scenario presented to the committee involved a sitting judge running for election or re-election who discovered a potential misuse of campaign funds by their campaign treasurer. The judge had already reported the incident to the board of elections and the police. The treasurer, while not an attorney, is enrolled in law school and works as a law clerk or paralegal at a law firm. The judge inquired whether further action was required, specifically regarding notifying the treasurer’s law school or employer.
The Committee referenced judicial conduct rules that emphasize avoiding impropriety and promoting public confidence in the judiciary. While judges are obligated to report substantial ethics violations by lawyers or other judges, this obligation doesn’t extend to non-attorneys. Citing prior opinions, including Opinion 23-120, 16-25 and 19-90, the committee reiterated that a judge is not required to report misconduct by individuals who are neither lawyers nor judges, and that this extends to non-attorney paralegals.
However, the Committee also emphasized that a judge retains the discretion to report misconduct, even when not ethically mandated. Therefore, while the inquiring judge has no ethical obligation to notify the treasurer’s law school or employer, they are permitted to do so at their own discretion. The opinion serves to clarify the scope of a judge’s reporting obligations in situations involving potential misconduct by non-legal professionals associated with their campaigns.
