Judicial Ethics Opinion 21-188 | New York Law Journal

The Advisory Committee on Judicial Ethics responds to written inquiries from New York state’s approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court in Albany County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

This responds to your inquiry (21-188) asking if you, a full-time judge, may continue to serve as one of many class representatives in federal court. You have stated that the suit was filed with you as a class representative, before you took the bench. The defendant is a multi-national corporation, and the class is represented by attorneys from outside New York, who do not practice in your jurisdiction.