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RICHMOND COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
OPINION # 23
Confidential
August 21, 1998
Mark S. Piazza, Esq.
Jacobi, Seighardt, Bousanti, Barone & Piazza
235 Forest Avenue
Staten Island, New York 10301
Dear Mr. Piazza:
I am in receipt of your request for an ethics opinion, as to “whether it is proper for a judge to raise defenses for a pro se litigant sua sponte.”
Based upon two opinions of the Advisory Committee on Judicial Ethics, (copies enclosed), and in the absence of any statute or case authority requiring or permitting a judge to do so under certain circumstances (see, e.g. Criminal Procedure Law § 220.50(3)), it would appear improper for a judge to raise defenses for a pro se litigant sua sponte.
I note with interest the Advisory Committee s Opinion No. 88—36, in which it was stated that it is improper, under Canon 3A par. (4) of the Code of Judicial Conduct for town and village justices to assist persons in preparing petitions in summary proceedings. It would seem that the converse must also be true by logic of reasoning, that it is improper for such justices (or any judges for that matter) to assist in the preparation of defenses to such proceedings.
I also note what was stated by the Court of Appeals in Matter
of Greenfield, 76 NY2d 293, 297, that ‘any violation of
the judicial canons... .call for disciplinary measures without
consideration of whether the judge s conduct in many, most,
or all other matters may be above approach.”
Pursuant to Article VI, Section 19 of the R.C.B.A. ByLaws, please be advised that the statements contained herein express the opinion of the Committee alone, and have not been passed upon by the Association.
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Wayne M. Ozzi
Chairman, Professional
Ethics Committee |
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